A Federal Capital Territory High Court in Maitama, Abuja has granted bail to Senator representing Kogi West, Dino Melaye, who was being held by the Police in the Department of State Services hospital in Abuja.
Justice Yusuf Halilu granted him bail on health grounds following an application by his lawyer, Mike Ozekhome (SAN).
The judge, who granted him bail pending when he would be arraigned before a competent court, held that the applicant must be strong enough to undergo trial.
Noting that bail is at the discretion of the court, Justice Halilu said he was persuaded to grant the applicant bail.
“Can he be arraigned on a sick bed or a stretcher? The answer is in the negative,” the judge said.
The court ordered the applicant to provide three sureties. Two of them must be residents of Abuja with evidence of landed property in the FCT.
The third surety, the court added, must be the clerk of the National Assembly who is to write an undertaking that Melaye would attend trial after regaining his health.
Melaye has been in police custody since January 4 that he was arrested in his house in Abuja.
He had approached the court under order 2 Rule 1 and 4 rule 3 of the Fundamental Rights Enforcement Procedure Rules, 2009 and Section 35(1) (4) and (5), 36 (5), 44 (1) and 46(1) of the 1999 Constitution.
The respondents in the suit are the Inspector General of Police and the Commissioner of Police for the Federal Capital Territory.
The applicant, among other reliefs, sought an order admitting him to bail on his recognition or on such favourable and liberal terms the court may deem fit pending his formal arraignment before a court or pending hearing and final determination of his substantive motion for the enforcement of his fundamental rights.