Court Rejects Bail Application Filed by Men Accused of Terrorism in Adamawa LGA



The Chief Magistrate Court I sitting in Yola, Adamawa State, has struck out bail application filed by 2 men arraigned for alleged multiple offences. News Platform 


The court presided by Magistrate Kabiru Musa, refused the bail application filed before him by the defendants, Joshua William and Ezekiel Luka of Lafiya Lamurde and Numan LGAs respectively.


The defendants were arraigned before the court for alleged " criminal conspiracy, being in possession of dangerous weapon, terrorism, inciting disturbance and culpable homicide" during Bachama and Chobo crisis.


The bail application was filed by the defendants through their Counsel, U. S. Mohammed Esq who appeared along side D. K. Rigange Esq.


Mohammed had earlier prayed the court to admit his clients to bail on liberal terms and health grounds, assuring that they have reliable sureties who can stand for the defendants and produce them in court at all times.


Ruling on the bail application, Magistrate Kabiru Musa, declared thus," the oral application for bail is hereby refused and same is here struck out for being incompetent before this court at the moment.


The judge said "I have carefully considered the application and the nature of the offences. The primary and fundamental issue to consider is the justification of the court first.


"Among the offences alleged is culpable homicide punishable with death under Section 192 and by virtue of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Adamawa State Administration of Criminal Justice Law, 2018, a magistrate court lacks jurisdiction to try any offence punishable with death.


"Therefore, my powers as a magistrate are strictly limited by Section 294 of the Adamawa State ACJL 2018, which provides: "A suspect arrested for an offence which the Magistrate court has no jurisdiction to try and shall within a reasonable time of arrest be brought before a Magistrate court for remand".


"The submission regarding the defendants' health has been noted by the court. However, an assertion of ill health made without any documentary evidence is insufficient and it does not overcome the jurisdictional barrier". 


He stated that the duty to consider all circumstances, including health, in a bail application for a capital offence rests solely with the High Court.

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