A Federal High Court in Abuja has refused the request for bail made by three out of the five supporters of Governor Siminalayi Fubara of Rivers state charged with terrorism and murder.
The five suspects are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod.
On Friday, the court heard the bail applications by Ezebalike and Oladele, and Kpasa
In a ruling on Monday, February 5, on the joint application by Ezebalike and Oladele, Justice Bolaji Olajuwon held that both defendants (listed as first and second) failed to provide special circumstances to warrant their being admitted to bail.
Justice Olajuwon added that they failed to supply cogent and verifiable evidence in support of their bail application.
The judge held that the defendants were charged with terrorism offences which are ordinarily not bailable.
She faulted the affidavit supporting their bail application, noting that the deponent, one Mariam Alawiye (an office assistant) claimed to have obtained information and exhibits on the defendants from some persons, but failed to disclose the identities of the said persons.
Justice Olajuwon also noted that the documents referred to by the deponent were not exhibited before the court as required under Section 115 of the Evidence Act.
She noted that rather than contain facts as required by law, the affidavit contained extraneous issues incapable of persuading any court to grant bail.
Justice Olajuwon rejected the applicants’ claim that they would not jump bail, commit any other offence or interfere with the prosecution’s witnesses and investigation.
In rejecting Kpasa’s application, Justice Olajuwon held that his claim that he has been suffering from chronic hypertension and high blood pressure for the past 10 years was not supported by any medical documents.
The judge noted that the prosecution’s counter-claim that the health conditions could be effectively managed by medical personnel in the prison, where the defendants are being kept, was not disputed
She ordered that the five defendants be returned to Kuje Prison, Abuja, and adjourned February 8 for the commencement of trial.
The defendants were arraigned on January 25 on a seven-count charge, marked: FHC/ABJ/CR/25/2024 filed by the Inspector General of Police (IGP).
They are accused, among others, of committing terrorism offences by invading, vandalizing, and burning down the Rivers State House of Assembly in the wake of the political crisis that rocked Port Harcourt in October last year.
The defendants are also accused of killing a Superintendent of Police, (SP) Bako Agbashim, and five police informants in the Ahoada community of the state.
The prosecution gave the names of the murdered police informants as Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu, and Saturday Edi.
The defendants are equally accused of using various cult groups, namely- Supreme Viking Confraternity, Degbam, Iceland, and Greenland to unleash mayhem on the people of the state and their commercial activities.
Credit: The Nigeria Lawyer