By Awwal Umar Kontagora The Presiding Chief Magistrate of Court Number Two along David Mark Road, Tunga, Minna, Hajiya Fati Hassan Umar, has...
By Awwal Umar Kontagora
The Presiding Chief Magistrate of Court Number Two along David Mark Road, Tunga, Minna, Hajiya Fati Hassan Umar, has refused the bail application of Minna-based petroleum marketer Alhaji Muritala Musa Ilori.
The defense counsel, Barrister Denis Terhemba, made an oral application for bail on behalf of the defendant, citing a special health condition. He submitted that the defendant's ailment is managed by a specialist hospital in Abuja and that only when the defendant is medically sound and fit can he stand trial. He further argued that there is no branch of the National Hospital in Niger State, and the equipment necessary for the defendant's treatment is available only in Abuja.
Relying on the provision of Section 36 (5) of the 1999 Constitution (as amended), which presumes the defendant innocent until proven otherwise, Barrister Terhemba emphasized the necessity of bail for his client's medical condition.
Opposing the defense counsel’s submission, Mallam Usman Nureini, the Director of Public Prosecution (DPP) from the Chamber of the State Attorney General in the Ministry of Justice, objected to the bail application. He argued that the defense counsel tendered a medical record indicating the defendant is still undergoing treatment. The medical report, dated 16th May 2024, prompted the DPP to object to its tendering.
In her ruling on the oral bail application, Presiding Chief Magistrate Hajiya Fati Hassan Umar stated that, after reviewing the medical report submitted by the defense counsel, it was evident that the defendant fell ill on May 16th, 2024, and has since recovered. She dismissed the defense counsel's suggestion that the defendant might fall ill again, noting that even prisoners can fall sick, yet remain in custody.
"If the submission of the defense counsel is accepted, then all those in prisons ought to be released as they could fall sick at any time," she remarked.
"Bail is at the discretion of the court, and I choose not to exercise my discretion in favor of the defendant as applied by his counsel. I hereby order for an accelerated hearing. The defendant should be further remanded in Minna New Correctional Center until August 14th, 2024, for the commencement of the accelerated hearing," she ruled.
Chief Magistrate Fati Umar ordered the prosecution to present all their witnesses within two weeks, and for the defense to also present their case within fourteen days if necessary.
Alhaji Muritala Musa was earlier arraigned before the court and remanded in correctional custody on the order of Chief Magistrate Fati Hassan after pleading not guilty to the four-count charges brought against him by the GRA Divisional Police Command. The charges include criminal intimidation, contempt of court, resisting arrest, and assault, punishable under sections 152, 177, 265, and 397 of the Penal Code.
His arraignment followed 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.
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