There was mild drama at the Federal High Court in Yenagoa over the decision of the presiding judge, Justice Hyeladzira Ajiya Nganjiwa to grant Yunusa Dahiru aka ‘Yellow’ bail with stringent conditions over his arraignment on a five-court charge bordering on abduction, illicit affair and rape of 14-year-old Ese Oruru.

The accused, Yunusa Dahiru, was granted a bail of N3m and two sureties of like sum who must present three years tax-clearance receipts to be verified by the Court Registrar.

The two sureties who must be within the jurisdiction of the Court must be a title holder and a civil servant of grade 12 above.

Immediately the presiding Judge, pronounced his rulling on the bail of Yunusa Dahiru,the parents of the victim, stormed out of court premises.

Counsel to Yunusa, Kayode Olaosebikan in his written address had brought the application for bail in pursuant of sections 158 and 162 of the Administration of Criminal Justice Act 2015 Section 36 of the Constitution of the Federal Republic of Nigeria.

He argued that it is a settled principle of criminal jurisprudence that granting bail is at the discretion of the court which shall exercise such powers judicially and judiciously

eseHe assured that the accused in line with the affidavit deposed to support the bail application would be present to stand trial.

The prosecutor, James Anata who in a 10 paragraph counter affidavit stated that it was difficult to arrest the defendant and bring him in as he was protected by the Islamic Council, added that granting him bail would enable him escape.

According to him since the object of bail is to enable the accused come back and stand trial it has been proven by previous experience that the accused person will never come back for trial.

In his ruling, Justice Nganjiwa relying on sections 158 and 162 of the Administration of Criminal Justice noted the he has taken into consideration the arguments of the two lawyers and had decided without hesitation to grant the accused bail in line with the powers of the court.

“ In consideration of the application, what is taken into consideration is that the offence is bailable and that the accused is presumed innocent until proven guilty. I am aware that the offence he is accused of is serious but that does not foreclose bail. That the accused might jump bail, it is incumbent on the Court to impose conditions that would make the accused appear for trial. I hereby grant bail with N3 million and two sureties of like sum residing the jurisdiction of the Court. “

“One must be a title holder while the second surety must a civil servant not less that grade 12. The accused must not travel out of the country without the knowledge of the Court. He is also to deposit his international passport in the Court. The Court registrar must verify the claims of the sureties. The defence counsel must also sign an undertaking on the appearance of the accused for trial”

Justice Nganjiwa adjourned the case to April 19 for hearing on the application of the Prosecution Counsel to hear Ese Oruru evidence in camera.

While Anata commended the Judge for the insightful judgment, Olaosebikan expressed happiness with the decision to grant Yunusa bail.


http://leadership.ng/news/511099/ese-orurus-parents-stage-walkout-court-grants-yunusa-bail

Truly the crime in the instant case is a bailable offence, however, the circumstances of the case warrants that the accused be remanded in custody while the trial lasts. The case is very sensitive in nature and many Muslim big wigs eg the Emir of Kano are indirectly involved. They may attempt to shield the accused from attending the court for his trial. The accused can even travel out of the country with a new passport and new identity. He can even choose to trek through the border and Sahara Desert as most of them do.

The judge acted as if he's been compromised.

We are watching....

Buhari and his 40 thieving fulanis everywhere!!
They have turned my country upsiide down. It's a piity. Very pathetic that Tinubu, Pastor bakare, pat Utomi, falana, and even keyamo were all smoking all over for Buhari for president last year. But look atttttt?

The accused does not have any international passport to deposit. He may just take a stroll into Niger and from there enter Sudan. Our justice system needs to wake up from their slumber. The prosecution too should wake up.

If Dasuki, Methu, Dokpesi etc could be granted bail how much more ordinary abductor? I won't be surprised if Yinusa eventually gets a slap on the wrist.

Let me add this, since some guys seem not to understand my line of reasoning:
****Dasuki, Methu, Dokpesi etc involved in embezzlement of money meant for security as a result of which thousands have died. With this fact, the court in the name of rule of law still found them worthy of being granted bail. How much more Yinusa whose crime hasn't led to the death of anyone.Remember the girl here is still alive and kicking!*****

Hmmm! This is serious

In consideration of the application, what is taken into consideration is that the offence is bailable and that the accused is presumed innocent until proven guilty.

There should be a clear difference between "the accused is presumed innocent until proven guilty" and "free until guilty verdict is pronounced by a competent court".

So, Yellow is not guilty yet while Nnamdi Kalu is guilty and is likely to commit the same crime if granted bail as pronounced by a Judge?

There is disparity in the these two decisions were pronounced and certainly one or both Judges are being tele-guilded.

Bail is a right to an extent until guilty verdict is pronounced by a competent court. However, the application should be universal without external influence.

amtaken:
Truly the crime in the instant case is a bailable offence, however, the circumstances of the case warrants that the accused be remanded in custody while the trial lasts. The case is very sensitive in nature and many Muslim big wigs eg the Emir of Kano are indirectly involved. They may attempt to shield the accused from attending the court for his trial. The accused can even travel out of the country with a new passport and new identity.

The judge acted as if he's been compromised.

We are watching....

You don't want Dasuki and Kanu to be remanded, but yinusa...people sef! Is dasuki not a big wig again??

This is the end of this case..innocent until proven guiltywhile we can all see the girls protruding belly.



Who'll bring the 3million to bail him?

What are they walking out for abeg?

I guess the bail is within the confines of the law and discression of the court. As

bad as his offence is, I think the bail is not out of place. We not talking 'bout a murder case hia.

Nigeria, land of absurdities

Ese ndo

Well well well... Ese‘s case finally DEAD.
I will advice the parents to go home and lick their wounds, take care of daughter cos Yinusa is now free to go.

3million is nothing for the Islamic community anywhere to provide. Emir of Kano & Sharia commission will send the money to anybody who is nobody to get bail for the young man.

It is over... Congrats to Yinusa. Go on kidnap more girls. Come take champagne.

One Nigeria... Different destinies

It's a bailable offense
And parents should stop exposing there kids to strangers too
Even the parents have to consider yellow "junior" too, nobody wants an ex con as a son in law
I see underage kids running round the street at late night all the time

awful judgement

This administration is too fraudulent.

As usual! Dis naija sef? Na so dis child _fucker go take waka from dis case and nothing major go happen! No justice no peace!






The best solution for dis keke napep romeo na "mob action"!!!

ZKOSOSO:
Buhari and his 40 thieving fulanis everywhere!!
They have turned my country upsiide down. It's a piity. Very pathetic that Tinubu, Pastor bakare, pat Utomi, falana, and even keyamo were all smoking all over for Buhari for president last year. But look atttttt?

For once blaming Buhari for this is wrong.

The law in this case entitles Yunusa to get bail/be bailed.

The sureties are there to make sure he does not escape.

If you do not like the law....please contact your legislator and get him to propose a bill banning the issuance of bail for people accused of defilement of minors.

KissCODE:
Well well well... Ese‘s case finally DEAD.
I will advice the parents to go home and lick their wounds, take care of daughter cos Yinusa is now free to go.

3million is nothing for the Islamic community anywhere to provide. Emir of Kano & Sharia commission will send the money to anybody who is nobody to get bail for the young man.

It is over... Congrats to Yinusa. Go on kidnap more girls. Come take champagne.

One Nigeria... Different destinies

The offence Yunusa committed is a bailable offence.

And...if you noticed...the sureties....are there to make sure he does not run away.If he does...they could get into legal trouble.

That is why if you do not like certain laws...you contact your legislator to propose laws that would rectify such bad ones.

What a Banana Republic

LadyExcellency:


There should be a clear difference between "the accused is presumed innocent until proven guilty" and "free until guilty verdict is pronounced by a competent court".

So, Yellow is not guilty yet while Nnamdi Kalu is guilty and is likely to commit the same crime if granted bail as pronounced by a Judge?

There is disparity in the these two decisions were pronounced and certainly one or both Judges are being tele-guilded.

Bail is a right to an extent until guilty verdict is pronounced by a competent court. However, the application should be universal without external influence.

Nnamdi Kalu has been charged with a treasonable offence....

And according to this previous ruling by the Supreme Court...treasonable offences are enough to deny bail. (That is why Boko guys like Kabiru Sokoto are still in jail).

As stated by Niki Tobi JSC in Asari vs Nigeria[/i]http://www.nigeria-law.org/Alhaji%20Mujahid%20Dokubo-Asari%20v%20Federal%20Republic%20of%20Nigeria.htm

[i]I clearly see signs of "war" from the above. I therefore agree with the Court of Appeal that there is a threat to national security. There is instability in the Niger Delta area and I do not think the appellant will assist in reducing the instability and turbulence there. On the contrary, it is clear from his statement that there is every likelihood for him to foment or instigate more trouble. This is certainly not in the interest of the region and Nigeria as a whole. The appellant should therefore be where he is to take his trial. He could be discharged and acquitted. He could be sentenced. That is for the trial court. For now, all the criteria for granting trial bail are against him.

Yunusa on the other hand has been charged with defiling a minor. Bad...and in my opinion not bailable....but according to the law...it is (And not the same as Mr kanu's offence.)

Infact....Mr Yunusa did not commit an offence of treason. Mr Kanu did.

chukwukadibia10:
What a Banana Republic

With legislators whom you can contact to get the law on bail for molesters changed.

End time bail.

I have said this before and I will still say it again that girl is not completely blameless in this issue. Didn't anyone here read the content of that letter? She sounded ready to follow Yunusa to the ends of the earth to be with him. Infact if not because of the grammatical errors in the letter, I didn't believe that letter was written by a 14 year old. So maybe u guys should cut this guy some slack jarey.
Am not saying what he did is right but Ese isn't a saint either.

The country is now officially an Arab jungle ruled by Fulani feudalists. Thank God it will not last forever. It will break by peace or war.

Quakertellicus1:


Nnamdi Kalu has been charged with a treasonable offence....

Infact....Mr Yunusa did not commit an offence of treason. Mr Kanu did.

Stop this nonsense, who defines a treason, the prosecutor, Judge or the extant laws?

Prosecution is not trial hence swerve.

i saw it coming

The Islamic body had succeeded in their plans to make way for his escape. He'd possibly jump trial.