From Joseph Amedu, Lokoja
Melaye on A Stretcher
Sen. Dino Melaye and two others were on Thursday remanded in police custody on the orders of a Lokoja Senior Magistrate Court on a seven-count charge bordering illegal gun running.
The Senior Magistrate, Sulyman Adbdullah who issued the remand order on Thursday in Lokoja said bail was not granted as a matter of course.
Our Correspondent reports that the defendants were arraigned on seven-count charge of criminal conspiracy and unlawful possession of firearms, contrary to section 97(1) and the Penalty Code and section 27(1)(a) (1) of the firearms Act CAP P28, laws of the Federal Republic of Nigeria, 2004.
Earlier, Dr Alex Izinyon (SAN), the lead counsel for the prosecution urged the court to remand Kabiru Seidu, 31 and Nuhu Salihu,25 in police custody to assist the police in furtherance of their investigations.
Izinyon however urged that the fourth defendant, Melaye, be remanded in prison custody saying that by the provisions of the enabling statutes, the minimum sentence upon conviction was 10 years under the Firearms Act.
He said that the senator was an influential person and could jeopardise investigation.
Chief Mike Ozekhome (SAN) leading six other lawyers for the defendants in his oral application for the bail of his client said that Melaye was asthmatic and sick, and should be granted bail go for medical attention.
Ozakhome said the senator was only yesterday (Wednesday) granted bail by an Abuja court in liberal terms adding that he had been in police custody and it was the same police that brought him the court.
The Senior Advocate said it was discriminatory for the prosecution to ask the court to keep other defendants in police custody and asked that the senator be remanded in prison custody.
“We can apply for bail for this traumatised asthmatic senator of the Federal Republic of Nigeria lying here before your worship on a stretcher.
“Dino Melaye here is not charged with murder in this case, the senator who is seen everyday on the floor of the Senate making laws for the country will stand his trial.
“To send him to prison is to encourage him to breach the bail condition granted him yesterday.
“I humbly urge my Lord to grant bail in self recogniSance to the fourth defendant because he will not jump bail, he will stand his trial and meet bail conditions”, he said.
In his ruling, Senior Magistrate Sulyman Abdullah said the essence of bail was to secure the attendance of the defendant before a court of competent jurisdiction.
“However, the grant of this application are not granted as a matter of course. They are anchored upon certain well timed, honoured principles of the law that would guarantee the production and appearance of the defendant.
“The court however has a grave a responsibility to exercise such discretion with utmost caution and to act within the accepted principles of administration of justice.
“Having gone through all the submissions of counsels in respect of this oral application I decline to exercise my discretion in favour of the fourth defendant, the oral application is accordingly refused”, he said.
Abdullah therefore ordered that the three defendants be remanded in police custody and also ordered that the Inspector General of Police furnish the senator, all required medical needs.
He adjourned to June 11, for further mention.
