Tina Amanda
A High Court sitting in Port Harcourt has adjourned for ruling on the bail application of Farah Dagogo, in the case filed against him by the Rivers State government.
Cosmos Enweluzo, a Senior Advocate of Nigeria (SAN), during the trial proceeding, informed the Court that the state prosecution have responded to their application and replied on point of law, noting that the defence will rely on their affidavit in support of the application of bail filed.
He submitted that the application filed seeks answers to be determined, whether the court has the power and jurisdiction to grant the bail the Defendant is asking for or whether the application for bail has to be done at the discretion of the court.
He argued that a defendant is presumed innocent and is entitled to enjoy his or her freedom until convicted.
He also submitted that a defendant charged with an offence of two to three years imprisonment must be released on bail, except the further commits more crimes to undermine the investigation.
The defendant’s counsel argued that the court should consider the nature of the count charge before it as ordinarily, it’s a charge the court does not have jurisdiction to hear.
Enweluzo submitted that the application filed by a Confidential Secretary from Rivers State Ministry of Justice, Susan Lee, that the defendant Farah Dagogo will jump bail if granted freedom, is just a fallacy, as nobody can determine the mind or action of another.
He argued further that the application by the confidential secretary stating that the health condition of Dagogo is fake, holds no water as a mere secretary finding of fact cannot supersede the finding of fact from the defendant’s personal physician, the medical report from the Port Harcourt correctional facility, Police clinic Port Harcourt and Rivers State University Teaching Hospital.
He, however, submitted that if the court will rely on the finding of fact of a confidential secretary without a reliable source or report from certified medical physicians to grant bail to Dagogo, no parties in the matter have denied the health status of the defendant as non filed a counter-affidavit questioning or challenging the medical report.
He further argued that the submission made by the prosecution that the defendant abused the court process by filing the same suit at the court of appeal is a misconception, noting that the lower court cannot share the same jurisdiction with the court of appeal and no limit to the filing of a matter struck out as it can always be refiled.
He, therefore, urged the court to discountenance the counter affidavit in its entirety for relying on hearsay.
The State Attorney General Zacheaus Adangor, in his argument, said the bail of a defendant standing trial for an offence of long-term imprisonment is considered only by a circumstance.
He submitted that the medical report of the defendant from the correctional facility are not of essential value as the alleged ill-health of the defendant can not be attended to in those facilities mentioned, except the state hospital facility cannot handle it.
Adangor argued that it is injurious to compel the said confidential secretary to disclose the identity of where the information was gathered from, praying the court to strike out the bail application for lacking in merit.
This, he said was because the application does not deserve any consideration on the grounds that the defendant abused the court process by filing the same suit at the appeal court.
The presiding Judge, Justice Chiwendu Nwogu, after listening to the arguments of counsels in the matter adjourned to 28 June 2022, for ruling on the bail application.
In an interview with our correspondent, the State Attorney General said the bail application of Farah Dagogo has been fully argued and a ruling is reserved.
On his part, Counsel to Farah Dagogo, Enweluzo, said the argument of bail of the defendant was argued for the first time today as no opportunity has been given to them since the defendant has been in the Police custody on 28 April 2022.
He said they are waiting for the decision of the court on whether the defendant will be granted bail or otherwise, noting that Farah Dagogo has suffered untold hardship being in custody for a felony which is a bailable offence.
