By Alex Enumah in Abuja
An Abuja High Court on Friday admitted Senator Dino Malaye to bail on health grounds.
Justice Yusuf Halilu of the Federal Capital Territory (FCT) High Court, granted the bail while ruling on a fundamental rights suit filed before the court by the complainant.
Senator Melaye, who represents Kogi West Senatorial District in the National Assembly has been in police custody since January 4, 2019, when he surrendered himself to the Police, who had laid siege at his Maitama, Abuja residence.
The judge in the ruling on the application for bail filed by Melaye’s counsel, Chief Mike Ozekhome (SAN), held that though there was no formal charge before the court, he would still grant bail on health ground.
However, the Court ordered the complainant to provide three sureties, two of which must show evidence of landed properties in Abuja, as part of the conditions of the bail.
The Court also held that the third surety must be a clerk of the National Assembly who must do a letter to the court that the applicant must be produced in court when he is required.
Justice Halilu subsequently adjourned till January 23, to rule on the substantive matter.
In arguing the bail application, Chief Ozekhome submitted that ill health was a condition to reckon with in consideration for bail.
According to Melaye’s lawyer, it is only the living that can stand trial. Ozekhome noted that in an investigation procedure it was unlawful to arrest a suspect unless there are enough evidence to caution him.
While submitted that Melaye is a victim of Political Vendetta, Ozekhome said his client who is a senatorial candidate in the forthcoming general is being held in custody, purposely to prevent him from taking part in the election.
Prosecuting counsel, Simon Lough, in opposing the bail application said Melaye’s arrest was lawful because it was in pursuant to a petition written against him.
He said that the petition alleged that Melaye was in possession of firearms and he attempted to commit an assassination.
On the issue of Melaye’s health condition, Lough argued that there was no evidence given by the applicant to show that the medical facility where he was taken cannot take care of his illness.
Melaye, had locked up himself for eight days in his house in Maitama, Abuja, to prevent his arrest by a team of police operatives who besieged his residence to arrest him over alleged attempted culpable homicide.
However, when after 8 days he surrendered himself to the police, he appeared sick and needing medical attention, prompting the police to admit him to the Police Clinic in Garki, Abuja, where he is been held in custody.
Though the police had claimed that it obtained a warrant from an Abuja court to keep Melaye for 14 days.
Melaye few days to the police siege on his residence had tweeted that former IG of Police, Ibrahim Idris planned to arrest him, adding that the police also planned to inject him to death.
