Tina Amanda
A High Court sitting in Port Harcourt has adjourned for ruling on bail application consideration in the trial of the Federal Law Maker Representing Bonny/Degema Constituency, Farah Dagogo.
The Lawmaker is standing trial on a two-count charge bothering on conspiracy and instigating cult activities which caused panic and threatened the peace of PDP members during the party’s candidate screening preferred against him by the Rivers State government.
Our correspondent reports that the Defendant, Farah Dagogo who was brought to court in a wheelchair to take his plea, pleaded not guilty to the offences against him.
During the proceeding, a Senior Advocate of Nigeria Counsel representing the Defendant reminded the court that the matter is for plea and motion for bail consideration of his client as the application processes have been duly served on the state Counsel.
Attorney General and Counsel representing the State, Zacheaus Adangor SAN, raised objection to the bail application with submissions that the prosecution has served preliminary objection to the application, as there is a pending application filed by the Defendant in a different Court.
He urged the court to strike out the application on the ground that the bail application can not be served before a plea is taken.
He noted that bail in criminal proceedings where a person is charged above three years is not automatic as it has to be considered, going by section 7 of the Rivers State secret cult and similar activities Prohibition Law.
Counsel representing Farah urged the court to discountenance the submission of the prosecution Counsel as it is not born out of any Law, adding that the State is the Complainant on the case, the state makes the Law and the same state is going out of the Law.
He further submitted that in section 46 sub-section 1 of the Evidence Act, it is absolutely misconception and misrepresentation for the Prosecution to say bail consideration can only be considered after a plea, stating that in section 169, a person shall be granted bail with conditions.
After listening to submissions of Counsels in the matter, Justice Chiwendu Nwogu, remanded Farah Dagogo in prison custody pending his bail determination, while ordering that the Defendant will be taken to the hospital for medical attention due to his health condition.
The Court, however, adjourned the case to 20 May 2022 for ruling.
