A 76 year old man, Markus Ganivo, has been granted bail by the Adamawa State High Court of Justice after languishing in prison custody for over 10 years without trial.
Hon. Justice. Musa Usman of the Adamawa State High Court of Justice No. 5, admitted the Applicant and father of 8 to bail following a motion brought before him by Barr.M. M. Tumba, who took up the case on pro bono basis.
Markus, of Gorobi in Mayo Belwa Local Government Area was arrested sometimes in April, 2012 and since then, he had been in prison custody with no hope of freedom any time soon until the intervention of the Counsel.
He was remnanded at the Yola Correctional Centre by the order of the Magistrate Court Yola town without being arrainged before a Court of competent jurisdiction for over 10 years.
NEWS PLATFORM gathered that the Applicant was nabbed by the Police for allegedly causing the death of his brother during a fight at Gorobi community in Mayo Belwa LGA.
The Deceased and the Applicant were said to have engaged in a fight after they had both got drunk with alcohol at Gorobi local market which resulted to the demise of the Victim.
It was learnt that the Deceased, being a hefty man, over powered the Applicant and hit him heavily and repeatedly until the later fell on the ground. While the Applicant was on the ground, the Victim held him by the neck thereby preventing him from breathing freely.
While the Applicant was struggling to regain his freedom, the Victim beat and cut off his index finger. In an effort to defend himself, the Applicant stabbed the Victim with a knife leading to his death.
NEWS PLATFORM learnt that both Applicant and the Deceased never held or bore enmity or ill will against each other prior to the Victim's death. Their action was attributed to alcoholism.
Moved by the plight of the Applicant for spending over 10 years behind bars without trial, M. M. Tumba, approached the Court and sought for an order admitting him to bail pending his proper arraignment before the Court of competent jurisdiction.
M. M. Tumba, in motion dated 22nd October, 2021 pursuant to section 162 of the Adamawa State Administration of Criminal Justice Law 2018, and section 6(6) of the 1999 Constitution 2011(as amended) prayed the Court to grant him bail.
He argued that the Applicant's detention based only on mere suspicion for 10 years without trial breaches even his fundamental right, adding that the innocence of the Applicant is guaranteed until proven otherwise.
According to him, section 35(4) and (5) of the 1999 Constitution provide thus:" (4)any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a Court of Law within a reasonable time, and if he is not tried within 2 months from the date of his arrest or detention...".
"It is important to note that section 297 (3) of the Constitution has also provided that where a suspect is still in custody or remand at the expiration period provided in sub section (1) or (2), the Court may on application of the suspect grant bail" Tumba argued.
He urged the Court to resolve the issue for determination raised by the Applicant in his favour and admit him to bail on the most liberal terms.
But there was neither appearance nor counter affidavit filed by the Complainant/Respondent.
It was based on the submission of the Cousel to the Applicant that the Court granted bail as prayed.
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