On Monday, Justice Mobolaji Olajuwon of the Federal High Court in Abuja refused to grant bail to the five loyalists of Governor Siminalayi Fubara of Rivers State charged with terrorism offenses by the Inspector General of Police (IGP).
In ruling on the bail applications filed and argued on behalf of the defendants by their counsel, Lukman Fagbemi (SAN), the Judge held that the applications lacked merit and consequently dismissed them.
The five defendants charged with terrorism are Chime Eguma Ezebalike, Prince Lukman Oladele, Kenneth Goodluck Kpasa, Osiga Donald, and Ochueja Thankgod.
Justice Olajuwon refused them bail on the grounds that they did not provide special circumstances to warrant their respective release from custody at the Kuje Correctional Center in Abuja.
The Judge noted that the defendants, especially Chime Eguma Ezebalike and Prince Lukman Oladele, failed to provide cogent and verifiable evidence to support their application for bail.
He held that their affidavits in support of their bail request were deposed to by one Mariam Alawiye, an office assistant who claimed to have obtained information and exhibits on the defendants from some persons but refused to share the identities of these persons with the court.
The Judge stated that the deponent did not make any documents or exhibits available to the Court to support her assertions in the affidavit evidence. He explained that an affidavit evidence must supply names of those who volunteered information about defendants in a criminal charge, as stipulated by Section 115 of the Evidence Act.
The Court held that, instead of containing facts as required by law, the affidavit contained extraneous issues that were not relevant to persuade any court to grant bail to the defendants.
The Court disagreed with assertions by the deponent that the defendants would not jump bail, commit any other offense, or interfere with witnesses and investigations, adding that the claims were vague and hearsay because the deponent did not establish or produce any evidence.
According to the Judge, the defendants are charged with terrorism offenses, which are not ordinarily bailable.
Regarding the application of Kenneth Goodluck Kpasa, Justice Olajuwon said that the claim of his 10 years of chronic hypertension and high blood pressure was not supported with any medical documents. He held that the counterclaim by the IGP, stating that the sickness can be managed by medical personnel of the prison, was not disputed.
While dismissing the bail applications, Justice Olajuwon ordered them to remain at the Kuje Correctional Center, Abuja, from where they would be coming for their trial.
The Judge subsequently granted an accelerated hearing in the matter and fixed February 8, 2024, for the opening of the trial by the IGP, who, on January 25, slapped terrorism charges on the five Port Harcourt-based men who allegedly invaded vandalised and burnt down the Rivers State House of Assembly last year.
They were alleged to have committed the terrorism offenses during the wake of political upheaval that rocked Port Harcourt in October last year.
In the charges against them marked FHC/ABJ/CR/25/2024, the police alleged that, apart from burning down the State House of Assembly, some of them were said to have killed a Superintendent of Police (SP) Bako Agbashim and five police informants at Ahoada community of the state.
The police informants said to have been killed by the defendants are Charles Osu, Ogbonna Eja, Idaowuka Felix, Paul Victor Chibuogu, and Saturday Edi.
They were also accused of using various cult groups, namely, Supreme Viking Confraternity, Degbam, Iceland, and Greenland, to unleash mayhem on the people of the state and their commercial activities.
They are specifically alleged to have, on October 29, 2023, at Moscow Road in Port Harcourt, conspired to commit acts of terrorism by willful destruction of public properties by invading, attacking, destroying, and burning the Rivers State House of Assembly, an offense punishable under Section 26 of the Terrorism Prevention and Prohibition Act 2022.
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