Tina Amanda
An Appeal Court sitting in Port Harcourt has reserved ruling on the motion for bail application of Farah Dagogo, the lawmaker representing Degema/Bonny Federal Constituency.
The three-man Appeal Panel led by Justice Joseph Ikyegh, before reserving ruling on the bail application struck out the motion experte for Farah Dagogo’s bail and heard the motion on notice.
Innocent Ekwu, Counsel representing the Defendant asked the court to give effect on the bail application of Farah Dagogo on grounds of his health condition, as the Defendant already has a medical referral from the Port Harcourt correctional centre and also a referral to Port Harcourt University Teaching Hospital.
He urged the court to use all discretion based on the Defendant’s health state, as he has been brought to court on different occasions on a stretcher and wheelchair, adding that it is only when the Defendant is alive that he can stand trial.
He further submitted that the charges against Defendant are not capital offences, but bailable offences.
The State Prosecution Counsel, Chidi Ekeh, however, submitted that the court should strike out the application as the appellate court lacks jurisdiction to entertain the matter.
In an interview with our correspondent, Innocent Ekwu, the Counsel representing Farah Dagogo, said the appeal court chose to hear the application on motion on notice, adding that both parties in the case have adopted their argument and the matter is reserved for ruling.
On his part, State Principal Counsel Chidi Ekeh, said he opposed the bail application on grounds that is an appellate court and can only exercise original jurisdiction pursuant to section 139 of the constitution of the federal republic of Nigeria.
He said it is only in cases of application of appeal where the applicant have been convicted and sentenced or when they have been refused bail by the lower court that can they appeal.
