PUNCH
A Zuba Magistrate Court in Abuja on Tuesday refused to grant bail to one Obiajulu Uja, who protested against the president-elect, Asiwaju Bola Ahmed Tinubu, while onboard an Ibom Air Abuja-Lagos bound flight.
Uja, who was debarked from the plane and handed over to the police, had filed an application for bail through his counsel, Barr. Ejike Ugwu. However, Senior Magistrate Mohammed Abdulazeez Ismail dismissed the application, holding that the application was premature
He held that the exhibits attached to the application did not say the defendant was unfit to for trial but rather indicated he was of unsound mind.
He also held that while the constitution guarantees every person’s liberty, a court can deprive a person of their liberty based on health grounds.
Citing the provisions of Section 35(1)(e) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 278 of the Administration of Criminal Justice Act (ACJA), 2015, the Magistrate held that Uja cannot be granted bail.
He held that where the mental capacity of a defendant is an issue, the court has the duty to ascertain the medical situation of such defendant.
He added that the exhibits attached to Uja’s bail application raised the issue of his medical capacity.
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