A Federal High Court sitting in Calabar, Cross River State
and presided over by Justice Sule Shuaibu has admitted the Publisher of Cross
River Watch, online publication on bail.
Justice Shuaibu made the pronouncement while ruling on the
matter between Federal Government and Agba Jalingo on Thursday in the court.
The ruling came after Justice Simon Amobeda had denied the
defendant/applicant bail on October 4th and 30th, 2019 as well as 175 days
after his arrest on August 22, 2019 a few days to a rescheduled police interview
which was at the instance of a petition bordering on an article he authored in
July.
The article had asked the Cross River State government to
come clean on the whereabouts of the N500 million approved and released for the
floating of the Cross River Microfinance bank.
After pleading not guilty to the four count charges
preferred against him bordering on terrorism, treasonable felony, cultism and
attempts to topple the Cross River State government, Jalingo’s counsel, Attah
Ochinke moved the motion for bail with the prosecution counsel, the Attorney
General and Commissioner for Justice, Tanko Ashang refusing to oppose it.
Consequently, Justice Shuaibu set the bail bond at N10
million with one surety in like sum and said the surety must be resident within
the jurisdiction of the court and his address must be physically verified.
Also, he must show means that he will be able to forfeit the bail bond if the
defendant/applicant jumps bail.
Also, the surety is expected to deposit N700, 000 cash with
the registrar of the court who will then pay it into an interest yielding
account with a commercial bank while Jalingo must seek the permission of the
court to travel out of the country if he wants to travel.
Furthermore, Jalingo must depose to an oath that he will be
available in court while he and his surety must present two passport
photographs.
Justice Shuaibu also ordered that the proceedings of the
court on the matter not be a subject of public discourse.
He subsequently adjourned the matter to the 6th, 7th and 8th
days of April 2020 for the prosecution to open and close its case while other
motions may be treated before that day.
Ochinke in his motion, brought pursuant to sections 35 and
36 of the constitution of the Federal Republic of Nigeria 1999 as amended as
well as sections 158, 161, 162 and 165 of the administration of criminal
justice act 2015 urged the court to admit the defendant to bail relying on “his
state of health as the special circumstance upon which the court may exercise
its discretion.”
And, Ashang who said he was not opposed to the bail
application dated November 7, 2019 and filed on November 12, 2019, however
asked the court to be guided by the provisions of Section 34 subsection 3(a)
and subsection 5 of the terrorism prevention amendment act of 2013 which bars
the discussion of court proceedings on trials relating to terrorism as well as
prescribes a five year jail term on those found wanting.
The Cross River State government had last week taken over
prosecution of the matter despite denying allegations that the Governor,
Benedict Ayade was behind Jalingo’s ordeal.
Justice Shuaibu said, “Defendant/applicant is hereby
admitted to bail pending the trial of the offence charged in the sum of N10m
and a surety in like sum. The surety must be resident within the jurisdiction
and shall furnish the registrar of the court evidence of capacity to satisfy
the bail bond in the event that the defendant/applicant jump bail.
“The surety shall furnish the registrar with his or her
residential address which shall be physically verified by the registrar and the
verification report duly filed, defendant/applicant shall not travel outside
the country without the permission of the court sort and obtain.
“The defendant/applicant or surety shall make a refundable
deposit of N700, 000 to the registrar and register pay the amount to interest
yielding account in a commercial bank until the charges of the
defendant/applicant is determined and surety discharged
“Both defendant/applicant and surety shall submit a passport
size photograph to the court registrar. The case is specially fixed for 6, 7, 8
April 2020 for prosecution to open and close its case” Justice Shuaibu stated
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