Akin Akande, Abuja
An Abuja Chief magistrate in Wuse Zone ll, on Tuesday granted a member of the Kogi state House of Assembly, Honourable Friday Sani (Makama) bail in the sum of N5 million naira, with one surety who must reside in Abuja and must be a grade level 15 officer and above.
The court also granted Sani’s co-accused, Job David bail in the sum of one million naira and one surety in the like sum .
The matter was adjourned to July 15, 2013 for further mention, haven granted them bail.
The Chief Magistrate Usman Shuaibu in a quick succession however, ordered the remand of the Kogi law makers in police custody, following further allegations by the prosecution counsel, Simon Lough, who allegedly linked them to another police investigation and arrest of Two armed robbers who made confessional statements that the lawmaker is the one supplying them with arms and ammunition.
“I will admit the two accused persons to bail but the 1st accused person will be remanded until Friday June 14th, 2013 to enable the police completes its investigation.
The 2nd accused person’s bail commences today hence there are no further allegations against him by the prosecution. I hereby grant the first accused person bail to the sum of N5million with one surety in the like sum.
The surety must be resident in Abuja within the jurisdiction of this court, and must be a civil servant on not less than grade level 15”.
“I also grant the 2nd accused person bail to the sum of one million and one surety in the like sum”.
The magistrate ruled further that section 130 (3) of the criminal procedure code does not give the police powers to terminate prosecution or withdraw First information report (FIR) as sought by the prosecution, neither did the court have powers under the said section.
“However, section 129(3) of the criminal procedure code allows the police to apply to keep suspects in the custody pending the completion of investigation.
I therefore ordered that the first accused person, although granted bail, be remanded in the prison custody until Friday June 14th, with the hope that the prosecution must have completed its investigation”.
“The 1st accused person, upon being released on bail must report to the police every morning from Monday June 17th to Friday 21st, 2013”.
Sani, who is the chairman, house committee on public account in Kogi state house of assembly, was arraigned last Friday alongside Job David on allegation of illegal fire arms bearing.
According to the police first information report (FIR), the Two accused persons contradict sections 27(1) of the fire arms act CAP F28 LFN 2004, as well as criminal conspiracy and abatement contrary to section 97 and 85 of penal code law.
The FIR reads: “On 4th of June 2013 at about 1340hours you Friday Sani aka Makama and Job David were arrested in possession of AK47 rifle with 35 rounds of life ammunition and police walkie talkie and in the course of investigation it was discovered that you aid and abetted Emmanuel Shuaibu (aka Action), Mohammed Musa (aka Lets go), Friday Abams and Adeboni-Musa to possess fire arms, with AK47 rifle and ammunition by issuing them with AK47 rifle and ammunition, thereby committed the above mentioned offences”.