Court Adjourns Senator Melaye’s Bail Application Till May 16 For Ruling

Court Adjourns Senator Melaye’s Bail Application Till May 16 For Ruling
Bayo Oyewale ,Lokoja
It was yet another legal battle between the prosecution and defendant  as Lokoja High Court has on Thursday adjourned till 16th May 2018 for ruling on bail application for the Senator representing Kogi West Senatorial District ,Senator Dino Melaye .
The trial Judge and Chief Judge of Kogi State,Justice Nasiru Ajanah adjourned till next week Wednesday for ruling after hearing of arguments and consolidation of  the previous affidavit and further affidavit from the both parties.
Earlier the prosecution counsel,Dr. Alex Izinyon SAN had urged the court to refuse the defendant bail through written application, arguing that affairment on oath should not be granted to the defendant.
Dr. Izinyon averred that the defendant,Senator Melaye should be remanded in prison custody instead of the National Hospital he currently receiving treatment,stressing that no prison authority has claim that there was no medical facilities in the federal prisons in Kogi State.
He told the court that it should refuse senator Dino Melaye bail because he may jump the bail if so granted , noting that issue of bail is at discretion remedy of the court .
He stated that bail is not granted as matter of court especially in this case that
the sentences exceed 3 years.
The Prosecution also controverted the medical report submitted as exhibits ,saying that page 2 of report has no shown that defendant has any ailment.
However, the legal counsel to Senator Melaye , Chief   Mike Ozokhone SAN  argued that the motion for variations of of the order of  Senior Magistrate who had earlier granted his client be remanded in police custody should not be granted .
Ozokhome pointed out that section 166 of Administration  of Crimibak Justice only enable the the Judge of High Court to vary the bail condition of the magistrate court 
He added that Senator Dino Melaye is an asthmatic  patient, stressing that he suffering from servical, spine and legs injuries he sustained when he jumped out of the police vehicle . 
He noted that there was crisis of where to detain his client because the magistrate ruling was silent on police custody or National Hospital.
He further to the court that he had submitted paragraphs affidavit to  support the application for bail,noting that there was no written document to show that the defendant should not be granted bail .
"The fact that they have not been able to deny that the conditions are life threatened ,they have conceded the fact that he should be granted bail .
"They took him to National Hospital because they knew he was in critical condition and was admitted at intensive care units .The prosecution has not controverted the fact that Dino was brought to court on stretcher."
He therefore urged the court to dismiss the prosecution application, adding that the trial judge should obey the order of magistrate .
He pointed out that bail is for the defendant to cone for his trial, stating that it is to ensure that the present at his trial and not punishment  
"Your Lordship should grant the applicant the bail on self recognition, arguing that the onus of proof lies on the prosecution to why the application should not be granted bail," Ozokhome posited.