Boko Haram: Court fixes December 19 to rule on Ndume’s bail application.
A Federal High Court in Abuja on Friday reserved ruling on the application for bail filed by Mohammed Ndume, charged with having links with a terrorist group, Dec 19.
Justice Gabriel Kolawole reserved the ruling after counsel to the parties in the matter made submissions on the application.
Mr Rickey Tarfa, counsel to the applicant, argued that the accused was obligated by the 1999 constitution to be granted bail.
Tarfa said that the applicant had fulfilled all the elements required for bail, and said, ``he has written an undertaken to be present in court to attend proceedings with a view to clearing his name’’.
``The applicant has also vowed not to interfere with further investigation on the matter,'' he said.
Tarfa submitted that bail was at the discretion of the court, adding that it was incumbent on the court to do it judiciously and judicially.
He, therefore, urged the court to dismiss any objection advanced by the prosecution counsel, adding that the constitution had bestowed a status of innocence on the applicant until otherwise proven.
Mrs Olufumilayo Fatunde, the prosecution counsel objected to the application, and said that the offence allegedly committed by the applicant was heinous.
Fatunde said that the accused could use his position as a member of the National Assembly to influence the prosecution witnesses, adding, ``the lives of our witnesses may be in jeopardy if the applicant is not tamed’’.
``My Lord I urge you to discountenance the application, as all the arguments advanced therein are based on fact and not law.
``Section 124 of the Evidence Act has described the offence the applicant is charged with as notorious, adding that the notoriety of the offence has acted as clog on the application.
``My Lord, the applicant may abscond justice because of the gravity of the offence and the jail term of 20 years that goes with it.
``The court may decide to order for an accelerated hearing of the matter as a palliative and not bail,’’ Fatunde said.
Arguing on a point of law, Tarfa submitted that the stand of the prosecution counsel was capable of misleading the court, adding, ``it is an innocent person that is on trial and not Boko Haram’’.
He prayed the court to dismiss the submission of the prosecution counsel and grant the applicant bail.
The State Security Service (SSS) on Dec 12 arraigned Ndume in the court on a four-court charge of having links with a terrorist group, the Boko Haram.
NAN reports that the accused was ordered to be remanded in Kuje prison as definite trial of the case was fixed between Feb. , and Feb. 7, 2012.
A Federal High Court in Abuja on Friday reserved ruling on the application for bail filed by Mohammed Ndume, charged with having links with a terrorist group, Dec 19.
Justice Gabriel Kolawole reserved the ruling after counsel to the parties in the matter made submissions on the application.
Mr Rickey Tarfa, counsel to the applicant, argued that the accused was obligated by the 1999 constitution to be granted bail.
Tarfa said that the applicant had fulfilled all the elements required for bail, and said, ``he has written an undertaken to be present in court to attend proceedings with a view to clearing his name’’.
``The applicant has also vowed not to interfere with further investigation on the matter,'' he said.
Tarfa submitted that bail was at the discretion of the court, adding that it was incumbent on the court to do it judiciously and judicially.
He, therefore, urged the court to dismiss any objection advanced by the prosecution counsel, adding that the constitution had bestowed a status of innocence on the applicant until otherwise proven.
Mrs Olufumilayo Fatunde, the prosecution counsel objected to the application, and said that the offence allegedly committed by the applicant was heinous.
Fatunde said that the accused could use his position as a member of the National Assembly to influence the prosecution witnesses, adding, ``the lives of our witnesses may be in jeopardy if the applicant is not tamed’’.
``My Lord I urge you to discountenance the application, as all the arguments advanced therein are based on fact and not law.
``Section 124 of the Evidence Act has described the offence the applicant is charged with as notorious, adding that the notoriety of the offence has acted as clog on the application.
``My Lord, the applicant may abscond justice because of the gravity of the offence and the jail term of 20 years that goes with it.
``The court may decide to order for an accelerated hearing of the matter as a palliative and not bail,’’ Fatunde said.
Arguing on a point of law, Tarfa submitted that the stand of the prosecution counsel was capable of misleading the court, adding, ``it is an innocent person that is on trial and not Boko Haram’’.
He prayed the court to dismiss the submission of the prosecution counsel and grant the applicant bail.
The State Security Service (SSS) on Dec 12 arraigned Ndume in the court on a four-court charge of having links with a terrorist group, the Boko Haram.
NAN reports that the accused was ordered to be remanded in Kuje prison as definite trial of the case was fixed between Feb. , and Feb. 7, 2012.
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