There was mild drama at the Federal High Court in Yenagoa over the decision of the presiding judge, Justice Hyeladzira Ajiya Nganjiwa to grant Yunusa Dahiru aka ‘Yellow’ bail with stringent conditions over his arraignment on a five-court charge bordering on abduction, illicit affair and rape of 14-year-old Ese Oruru.

The accused, Yunusa Dahiru, was granted a bail of N3m and two sureties of like sum who must present three years tax-clearance receipts to be verified by the Court Registrar.
The two sureties who must be within the jurisdiction of the Court must be a title holder and a civil servant of grade 12 above.

Immediately the presiding Judge, pronounced his rulling on the bail of Yunusa Dahiru,the parents of the victim, stormed out of court premises.
Counsel to Yunusa, Kayode Olaosebikan in his written address had brought the application for bail in pursuant of sections 158 and 162 of the Administration of Criminal Justice Act 2015 Section 36 of the Constitution of the Federal Republic of Nigeria.

He argued that it is a settled principle of criminal jurisprudence that granting bail is at the discretion of the court which shall exercise such powers judicially and judiciously
eseHe assured that the accused in line with the affidavit deposed to support the bail application would be present to stand trial.

The prosecutor, James Anata who in a 10 paragraph counter affidavit stated that it was difficult to arrest the defendant and bring him in as he was protected by the Islamic Council, added that granting him bail would enable him escape.

According to him since the object of bail is to enable the accused come back and stand trial it has been proven by previous experience that the accused person will never come back for trial.

In his ruling, Justice Nganjiwa relying on sections 158 and 162 of the Administration of Criminal Justice noted the he has taken into consideration the arguments of the two lawyers and had decided without hesitation to grant the accused bail in line with the powers of the court.

“In consideration of the application, what is taken into consideration is that the offence is bailable and that the accused is presumed innocent until proven guilty. I am aware that the offence he is accused of is serious but that does not foreclose bail. That the accused might jump bail, it is incumbent on the Court to impose conditions that would make the accused appear for trial. I hereby grant bail with N3 million and two sureties of like sum residing the jurisdiction of the Court. “

“One must be a title holder while the second surety must a civil servant not less that grade 12. The accused must not travel out of the country without the knowledge of the Court. He is also to deposit his international passport in the Court. The Court registrar must verify the claims of the sureties. The defence counsel must also sign an undertaking on the appearance of the accused for trial”

Justice Nganjiwa adjourned the case to April 19 for hearing on the application of the Prosecution Counsel to hear Ese Oruru evidence in camera.

While Anata commended the Judge for the insightful judgment, Olaosebikan expressed happiness with the decision to grant Yunusa bail.