The court also fixed Monday, May 7 for argument on the application for bail brought by the senator who, through his lawyer, Mike Ozekhome SAN, had brought two applications before the Chief Judge of the state, Justice Nasir Ajana.
But the police also approached the court with an application for variation of the ruling of the Magistrate Court to enable Melaye to be kept in a federal prison.
However, Melaye’s first application was the one asking the court to order that he should be taken to the National Hospital for proper treatment, while the second was an application for bail.
Moving the motions, Ozekhome prayed the court for a speedy trial of the matter, saying the critical health condition of the senator demanded that he should be transfered to the National Hospital, Abuja for proper medical care, before the next adjoined date.
Granting the request, Ajana explained that the order was to enable the senator receive medical attention, following the lack of facilities at the Police Clinic Lokoja where he is being held in police custody.
According to Justice Ajanah, only the living can “stand trial”.
The court added that the order became necessary as the prosecution could not come up with a federal prison in Abuja that has the required health facility that would take care of the health condition of Melaye.
A drama however ensued when the counsel to the police, I. E Oteme, refused to be served the application for bail, saying that the document should be brought to the IGP in Abuja.
But the presiding judge condemned the action and ordered that the counsel be served in the court.
The judge who described the case as one that presented an interesting scenario, ordered that the Commissioner of police be served through his counsel in court, while the senator should be moved to the National Hospital, Abuja, under the custody of the Police.
and then