Minna based petroleum marketer to remain in correctional centre until 14 August 2024
BABA- AL-SIRAJDEEN,
The Presiding Chief Magistrate court two sitting in Minna and presided over by Hajiya Fati Hassan Umar, has refused the bail application of a Minna based petroleum Marketer Alhaji Muritala Musa Ilori.
The bail refusal was pronounced after defense counsel Barrister Denis Terhemba, had made an oral application for bail stating that his client has a special health condition.
He submitted that the defendant has a special ailment managed by a specialist hospital in thr Federal Capital Territory and that the defendant needs to be medically sound before he can stand trial.
and there is no any branch of National hospital in Niger State”
The counsel also said the specialist hospital that handles medical cases of his client have no branch in Minna the capital of niger state and therefore inform the court that section 36 (5) of 1999 Constitution as amended is clear on presumption of innocence on the defendant until proven otherwise.
Opposing the submission of the defense counsel, Mallam Usman Nureini the Director Public Prosecutor (DPP) from the state Ministry of Justice, said he is objecting to the bail on the ground that the defense counsel tendered a medical record that the defendant is still undergoing treatment.
He argued that the medical report tendered indicated 16th May, 2024 which makes him to object to the the medical report meaning he is hale and hearty
While ruling on the oral bail application, the Chief Magistrate Hajiya Fati Hassan Umar, held that, having perused the medical report as tendered by the defense counsel,” it shows clearly that the defendant fall ill sometimes in May 16th 2024, and that he has recovered
” The suggestion by his counsel that he will fall ill again does not arise as even those in prisons are prone to falling sick but yet they are in prison.
“If the submission of the defense counsel is to come by then all those in the prisons ought to be released as they could fall sick any times.
” Bail is at the discretion of court and I exercise my discretion on the bail of the defendant as applied by his counsel by refusing the said application. And I hereby ordered for accelerated hearing
” The defendant should be further remanded in Minna new Correctional center till the 14th, August, 2024 for the commencement of accelerated hearing” she ruled
Chief Magistrate Fati Umar then give the prosecution two weeks to Present all witnesses and for the defense to also within fourteen days present their defense
It would be recalled that Alhaji Muritala Musa was standing trial on four count charges which included Criminal intimidation, contempt of court, resisting arrest and assault.
According to the police Prosecutor Inspector Lohffe Jacobs Mrs the four count charges were punishable under sections 152,177, 265 and 397 of the penal
His arraignment was through a Petition Forwarded to the Commissioner of Police in Niger State Command, Cp Ebenezer Shawulu Danmaman by Justice Mariya Mummy Ismaila of the Minna High court number three.
