Justice Yusuf Halilu of an FCT Excessive Courtroom in Maitama, on Wednesday, granted bail to a former Director-Basic of the Bureau of Public Enterprises (BPE), Benjamin Ezra Dikki.
The Financial and Monetary Crimes Fee (EFCC) charged Dikki and his firm, Kebna Studio and Communications Restricted, with 4 counts bordering on corruption and abuse of workplace.
Delivering a ruling, Justice Halilu held that granting bail is an train of the discretionary energy of judges, which have to be executed judicially and judiciously.
”It’s established that bail is a constitutional proper of a defendant as he’s presumed harmless till in any other case confirmed as offered in Part 36(5) of the Structure.
”Opposite to the argument of the prosecution that if granted bail, the defendant wouldn’t make himself accessible for trial, there isn’t a materials place earlier than the court docket to justify this,” he held.
He acknowledged that the offence Dikki was charged with isn’t treason or one which sentence is demise if discovered responsible.
He added that even when the sentence entails demise, the court docket can nonetheless grant bail if enough supplies are positioned earlier than the court docket to allow it to train its discretion.
He cited the case of Maryam Sanda, who was granted bail by his court docket however was later convicted and sentenced to demise after being discovered responsible.
Halilu held that the prosecution didn’t place earlier than the court docket that the primary defendant in any means jumped the executive bail granted him by the EFCC.
He added that there was no means Dikki may intrude with EFCC’s investigation for the reason that prosecution had accomplished its investigation on the matter.
“If all of those haven’t been positioned earlier than me to forged doubt on the status of the defendant because it has to do with attending trial then, this court docket may have no possibility than to grant the defendant bail.
“The accused shall present two sureties who have to be respected Nigerians residents of FCT.
” They need to present proof of their residence, the title paperwork of their home, which have to be in Wuse, Garki, Asokoro and Maitama with the registrar of this court docket.
“The accused individual ought to deposit his journey paperwork with the registrar and should make an endeavor to not journey out of Nigeria with out an order from this court docket.
“Each sureties ought to equally make an endeavor to pay again to the coffers of the Federal Authorities, the mentioned quantity totalling N1 billion, N500million every within the occasion that the primary defendant jumps bail,” Halilu dominated.
Arguing on Dikki’s bail software, his counsel, Abdul Mohammed SAN urged the court docket to confess him to bail upon phrases the primary defendant can meet.
On her half, the prosecuting counsel, Dianne Nkwap, submitted that energy to grant bail solely rested on the discretion of the court docket based mostly on details positioned earlier than it.
She acknowledged that details positioned earlier than the court docket to grant Dikki bail didn’t suffice the court docket to take action and, due to this fact, urged the court docket to not grant bail to the primary defendant.
The EFCC alleged that between January and February 2015, whereas the defendant was in workplace, he obtained a gratification totalling N1 billion.