Adamawa State High Court of Justice presided by the Chief Judge, Hon. Justice Nathan Musa, has rejected bail application filed by a man convicted and sentenced to 70 years imprisonment for kidnapping.
Justice Nathan, dismissed the bail application filed by the Convict, Layi Musa, through his Counsel, H. S. Garba.
The father of 16 sought to be released from prison custody even after he was jailed 70 years without option of fine for kidnapping, house breaking and unlawful possession of weapons.
Layi, Buba Sidiki, Buba Mohammed and Shanu Kori who are all Convicts and serving jail terms, were tried and found guilty for abducting a house wife, Aishatu Aliyu Suleiman and her 1 year old son.
The Convicts had on the 6th July, 2020, by 1:00am together with 3 others (now at large) abducted Aishatu and her son hail from Yolde-Pate in Yola South Local Government Area and took them to Chambaji hill.
NEWS PLATFORM understands that Aishatu and her innocent child spent 2 days in the hill and regained their freedom after the sum of N1.010 million ransom was paid.
While armed with dangerous weapons, the gang of kidnappers stormed the house of their victims through the fence and whisked the duo off to the hill.
Upon complaint by the husband, Aliyu Suleiman, who availed the State Intellegence Bureau section of the Police Command with the mobile number with which the Convicts contacted him to demand ransom.
In their effort, the operatives of the Bureau tracked and arrested the Convicts, while 3 others escaped. All the Convicts voluntaily confessed to the crimes and narrated the levels of their participation.
They were tried and convicted by Justice Nathan on the 1st March, 2021.
But Layi, in application filed by his Counsel, sought for an order admitting him to bail pending his appeal before the Court of Appeal Yola Division.
He informed the Court that he has been suffering from an ailment, and that he is currently taking traditional medicine, saying that he has 16 children, and assured that he will not jump bail if granted.
On its part, the Prosecution, in its counter affidavit in opposition to the bail application, dated 14th June, 2022 and deposed to by Hanis Dedan, said that the Convict is yet to appeal against the judgement which convicted and sentenced him, and that the period allowed by law for appeal has elapsed.
The Prosecution added that the Convict only filed a motion on notice at the Court of Appeal seeking among other prayers for the enlargement of time within which to appeal against the judgement.
It explained that there is no appeal of the Convict that is pending at the Court of Appeal, adding that there is no medical report to show that he is suffering from an ailment.
It argued that there is no any statement given by the Nigeria Correctional Centre, indicating lack of facility to house or take care of the inmates such as the Convict, and urged the Court to refuse the application.
Ruling, Justice Nathan, held that it is only when there is appeal duly filed at the Court of appeal that Applicant can bring such application.
He declared that there is no appeal properly filed at the Court of Appeal as to warrant granting bail to him pending the hearing and determination of the appeal as Applicant wants the Court to hold, and therefore dismissed the application.
Reacting on the ruling, Counsel to the Prosecution, A. M. Iliyasu(Senior State Counsel 2) and that of the Applicant, H. S. Garba, appreciated the Court for the ruling.
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