A Kogi state high court, sitting in Lokoja on Wednesday granted bail to the senator representing Kogi west senatorial district, Dino Melaye, on the suit of illegal possession of firearms brought against him.
The presiding judge, Justice Nasir Ajana, granted Melaye bail with the sum of N10 million and one surety.
The court also refused the application brought by counsel to the Inspector General of Police, Alex Iziyon, SAN for the variation of the bail granted by the Magistrate Court in Lokoja.
Ajana said the bail was granted because of the health condition of the applicant and the fact that the senator did not have an antecedent of dealing in firearms.
Counsel to the senator, Mike Ozokhome, SAN, had last week brought an application urging the court to grant Melaye bail.
However, after arguments for and against the application by the counsels, the judge adjourned ruling till Wednesday (Yesterday).
Ruling on the applications, Ajana held he was “functios officio” on the matter of variation of the bail as he had already ruled on the matter at the hearing of May 4, 2012.
The court also granted the oral application by Ozokhome for the amendment of the bail application to correct the typographical error in it since it was brought pursuant to Sections 160 of the administration of criminal justice law of Kogi state.
The presiding judge added that the court accepted the medical report from the National Hospital, Abuja dated May 9, 2018, attached to the application by Melaye to substantiate his health condition.
He added that since the three count charge brought against Melaye which include dealing illegally with firearms, transferring AK47 for illegal business, were not capital offences, he could grant bail in the circumstance.
Ajana premised the granting of the bail on two conditions which include the health condition of the defendant.
He said, “The health situation of the applicant/despondent is another issue. No doubt that he is having health challenges, I considered the health situation as a special circumstance that should be considered in the bail application.”
The judge also said since the offence was not a capital one, the approach to bail application should be liberal, therefore granted the application.
Speaking on the ruling, Ozekhome noted that the trial judge had once again proved that the judiciary was the last hope of the common man.
He said, “The Chief judge of Kogi state, Justice Nasir Ajana has taken judiciary to a higher altitude, justice has again today been vindicated as been for everyone, the common man, the common woman, the rich man, the plebian, the aristocrat. What the court has done today is that notwithstanding the blaring siren of the executive, notwithstanding the threatening jackboots of the executive, the judiciary has shown that it remains the last hope of the common man.”
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