<strongA High Court in Abuja on Wednesday admitted a factional National Chairman of the Peoples Democratic Party, PDP, Sen Tanimu Turaki, SAN, to bail in the sum of N100 million.
Turaki was dragged to court by the Inspector-General of Police, IGP, for allegedly giving false information. He was accused of giving false information to the I-G through a petition on his letter head, dated Oct. 5, 2022.
Ruling on the bail application by the defendant, Justice Peter Kekemeke, held that bail is not only granted at the discretion of the court but is a fundamental right issue.
The judge further held that though a bench warrant was issued by the court against the defendant, but he, Turaki, appeared in court before the warrant was executed, which made the court to eventually vacate the order.
The court held that the prosecution did not place sufficient reasons before the court for it not to grant the defendant bail and as such the court will grant bail to the defendant.
He, therefore, admitted Turaki to bail in the sum of N100million with one surety in like sum.
The surety, according to the judge, had to be an SAN with not less than 20 years of practice or a lawyer with over 40 years of practice. He then adjourned the case until June 11 for hearing.
The prosecution accused Turaki of writing a petition which he signed against one Saidi Mainasara with intent to use the lawful power of I-G to the injury or annoyance of the said Mainasara.
The offence, according to the prosecution is punishable under Section 140 of the Penal Code Law.
Turaki, however, pleaded not guilty to the charge when read to him in the open court. Following his not-guilty plea, the prosecution counsel, Usman Rabiu, asked the court to give a date for commencement of trial.
The counsel for Turaki, Abdulaziz Ibrahim SAN, informed the court that the defendant filed three different motions before the court and sought to withdraw two, marked M/1043/26, dated Jan. 26, seeking bail for the defendant, and M/4847/26, dated March 31.
Also Read: Court restrains Turaki faction from PDP secretariat
The two motions were subsequently struck out by the court as the prosecution did not object to their withdrawal.
Ibrahim later told the court that the third motion, marked FCT/HC/M/5987, filed by the defendant sought the order of the court admitting the defendant to bail pending hearing and determination of the case.
Ibrahim told the court that it was brought pursuant to Section 36,5, and 6, b, of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
He argued that in accordance with the provision of Section 163 of the Administration of Criminal Justice Act, ACJA, the defendant was entitled to bail as of right, unless the court held otherwise.
He further argued that the prosecution did not say in its counter affidavit that the defendant is not entitled to bail.
He added that contrary to the prosecution’s submission that Turaki evaded service, he did not evade any service as he was out of town when the prosecution sought to serve him.
He added that to prove that he was not evading arraignment, the defendant appeared in court personally on April 1 and apologized for not being in court on March 26 when he was supposed to be arraigned.
He, therefore, urged the court to admit Turaki to bail on self recognizance.
Ibrahim informed the court that the defendant was an elder statesman, a former minister of the Federal Republic of Nigeria and a respected community leader with various chieftaincy titles.
The prosecution counsel, Rabiu argued against the defendant being granted bail by the court.
Rabiu said though, granting bail was at the full discretion of the court, the court should, however, consider the provision of Section 162 of ACJA in doing so.
He urged the court to refuse Turaki’s bail application and remand him in a custodial facility depending on hearing and determination of the case.
Rabiu told the court that the defendant’s antecedent and action were before the court.
NAN
