The Abuja Division of the Federal High Court, on Tuesday, granted
bail to a legal practitioner and social critic, Emperor Ogbonna, six
months after he was detained by the Department of State Service,
DSS, for Criticising President Muhammadu Buhari .
Justice Taiwo Taiwo granted the lawyer bail after he listened to an
application that was argued by his lawyer and human rights
activist, Chief Mike Ozekhome, SAN.
Ozekhome told the court that the DSS had since March 24,
unlawfully detained his client for criticising President Buhari and
for his conclusion that citizens could revolt due to harsh living
conditions unless the federal government provided a remedy.
Ozekhome contended that action of the secret service amounted
to gross abuse of fundamental rights of the Applicant, even as he
urged the court to grant him bail on liberal terms.
Besides, he urged the court to invoke constitutional provisions that
presumed the Applicant innocent until proved guilty of any
allegation against him.
Ozekhome maintained that the Applicant’s alleged criticism of
President Buhari was not an offence that could warrant his
perpetual detention in custody of the DSS.
Meantime, FG’s lawyer, Mr Isah Abubakar, opposed the bail
application on the premise that the applicant will escape justice in
view of the gravity of his alleged offence.
He urged the court to deny the bail request in the interest of
national security.
However, in a bench ruling, Justice Taiwo, agreed with Ozekhome
that the law presumed the applicant innocent until found guilty by a
competent court.
Justice Taiwo held that fundamental rights of the Applicant to
freedom of liberty had been breached with his detention for more
than the period prescribed by the law.
Consequently, he admitted the Applicant to bail in the sum of N2
million with two sureties in like sum.
The court held that the sureties must provide evidence of tax
payment, adding that one of them must have a property in the
Federal Capital Territory (FCT) with verifiable documents.
Aside from directing the sureties to depose to an affidavit of
means, Justice Taiwo, held that the Applicant should be remanded
in prison custody till he perfects the bail terms.
Source: vanguardngr.com
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