Oyo opposes bail for Naomi, others; they allege unlawful detention
By Jeph Ajobaju, Chief Copy Editor
Oyo prosecutors on Tuesday implored the state High Court to decline bail applications filed by the former wife of the Ooni of Ife, Naomi Shilekunola; Hamzat Oriyomi; and Fasasi Abdullahi; who are facing criminal charges over a stampede for food last month that led to the death of 35 people, including women and children.
Naomi organised the event, which was heavily promoted on Agidigbo FM owned by Oriyomi, and held at Islamic High School, Ibadan, of which Abdullahi is principal.
The court had on December 24 remanded the three accused persons and later fixed hearing for January 8 on their bail applications.
The defendants spent both Christmas and New Year day at the Nigerian Correctional Services facility in Agodi, Ibadan, despite protest by Naomi’s supporters that she is innocent of crime because state officials approved the event.
At Tuesday’s hearing at High Court 8, Ring Road, Ibadan, defence lawuers urged the court to admit the accused to bail but Oyo Attorney General and Justice Commissioner Abiodun Aikomo opposed the requests, insisting that the applicants have not shown sufficient grounds for bail.
“The bail request of the applicants must not be granted by the court,” Aikomo stressed, and also countered claims of persecution by the state government, describing them as unfounded.
Earlier, defence counsel argued that their clients’ detention is unconstitutional, citing procedural irregularities, and challenged the court’s jurisdiction.
They maintained that the “holding charge” used to remand the suspects is not recognised under Nigeria’s Administration of Criminal Justice Act.
Waheed Olajide, lawyer for Abdulahi, argued that the detention is unjustified as “No formal charge is preferred against the applicant before any court of competent jurisdiction.”
He cited Abdulahi’s poor health, saying, “The law makes provision for exceptional circumstances, which include ill health, upon which the suspects can be released on bail. The applicant is battling with his health and needs to be taken care of medically.”
Naomi’s lawyer, Musibau Adetunmbi, SAN, described her detention as unconstitutional.
“Anybody can be detained, but it must be in accordance with the law, irrespective of the offence committed,” he argued.
In his view, “The applicants are being held in detention pursuant to a holding charge which is not known in the criminal administration of justice.
“Oyo State Government has acted illegally with the continuing detention of the suspects in the prison custody. All the evidences presented by the defence counsel to buttress their case are zero.”
Hazmat’s lawyer, Adekunle Sobaloju, SAN, also contended that the detention violates constitutional provisions.
“The holding charge used to clamp the suspects in prison custody is not known in the criminal administration of justice,” Sobaloju argued.
Justice K.B. Olawoyin adjourned ruling on the bail applications until January 13.
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