The Presiding Chief Magistrate court Number two along David Mark Road Tunga Minna, Hajiya Fati Hassan Umar, has refused the bail application of a Minna based petroleum Marketer Alhaji Muritala Musa Ilori.
The defence counsel to the petroleum Marketer, Barrister Denis Terhemba, had made oral application for bail in respect of the defendant stating that he has a special health condition.
He submitted that the defendant has a special ailment that is been managed by a specialist hospital in Abuja "and it is only when the defendant is medically sound and fit that he can stand trial and there is no any branch of National hospital in Niger State"
The counsel further submitted that the equipment that is been used to treat the defendant is only in Abuja at the National hospital and relied on the Provision of section 36 (5) of 1999 Constitution as amended which talk about presumption of innocence on the defendant until proven otherwise.
Opposing the submission of the defense counsel, the police Prosecutor Inspector Lohffe Jacobs Mrs, said she is objecting to the bail of the defendant on the ground that the defense counsel tendered a medical record that the defendant is still undergoing that treatment.
She argued that the medical report tendered indicated 16th May,2024 which makes her to object to the tendering the medical report.
While ruling on the oral bail application, the Presiding Chief Magistrate Hajiya Fati Hassan Umar, held that, having perused the medical report as tendered by the defense counsel," it shows clearly that the defendant fall I'll sometimes in May 16th 2024, and that he has recovered
" The suggestion by his counsel that he will fall illl again does not arise as even those in prisons are prone to falling sick but yet they are in prison.
"If the submission of the defense counsel is to come by then all those in the prisons ought to be released as they could fall sick any times.
" Bail is at the discretion of court and I felt to exercise my discretion on the bail of the defendant as applied by his counsel by refusing the said application. And I hereby ordered for accelerated hearing
" The defendant should be further remanded in Minna new Correctional center till the 14th, August, 2024 for the commencement of accelerated hearing" she ruled
Chief Magistrate Fati Umar held that on the basis of accelerated hearing she give the prosecution two clear weeks to Present all her witnesses "and if need be and for the defense to also within fourteen days to present their defense"
He was earlier arraigned before the court and remanded in Correctional Custody on the order of the chief Magistrate Fati Hassan after he pleaded not guilty to the four count charges slammed on him by the men of the GRA Divisional Police command.
Alhaji Muritala Musa was standing trial on four count charges which included Criminal intimidation, contempt of court, resisting arrest and assault.
According to the police Prosecutor Inspector Lohffe Jacobs Mrs the four count charges were punishable under sections 152,177, 265 and 397 of the penal
His arraignment was through a Petition Forwarded to the Commissioner of Police in Niger State Command, Cp Ebenezer Shawulu Danmaman by a Justice Mariya Mummy Ismaila of the Minna High court number three.
