Alleged Smuggling: Court Fixes Sept 9, To Rule On Bail Applications Of Suspects (Nigeria)
Alleged Smuggling: Court Fixes Sept 9, To Rule On Bail Applications Of
Suspects (Nigeria)
Shola Soyele, Channels TV
September 1, 2021
A Federal High Court sitting in Lagos has fixed September 9 to rule on
whether to grant bail to a Nigerian, Isiaka Musa and two Guineans, Traore
Djakouba (Yakubu) and Mohammed Berete.
They are being charged with conspiracy and attempting to smuggle large
quantities of elephant tusks, pangolin scales and claws out of the country.
After listening to the arguments of the prosecuting and defence counsel on
Wednesday, Justice Tijjani Ringim fixed the date for the ruling.
The court took arguments on whether the counter affidavit submitted by the
Prosecuting agency, the Nigerian Customs Service was competent as a result
of the failure to affix the NBA stamp of the prosecuting counsel on the
court documents.
Ruling on the issue, Justice Ringim agreed with the legal adviser to the
Nigerian Customs Service, Smart Akande, that shutting out the prosecution
on this basis will amount to a technicality that will infringe on the
agency’s fundamental rights.
Subsequently, the counsel on both sides took turns to argue the bail
application.
The prosecutor, Smart Akande, in opposing bail submitted that there is
compelling evidence to link the accused persons to the crime. He also
argued that two of them are foreigners who may jump bail if granted.
He stressed that the only known address for the foreigners was the place of
arrest in the Ajah area of Lagos which had been sealed up by officers of
the Nigerian Customs Service and there was no known record of any other
place where they can reside, a situation which makes the possibility of
jumping bail higher.
In the likelihood that the court was minded granting bail, the prosecutor
asked the court to impose stringent conditions which would guarantee their
attendance at trial.
In countering the arguments, the defence counsel, Olayinka Lawal told the
court that the defendants would not jump bail. He described as speculative
the concerns that they would do so.
Lawal also drew the courts attention to the fact that the defendants had
relatives and friends in the country, some of whom had deposed to
affidavits attached to their bail applications.
He urged the court to exercise its discretion in their favour and grant
bail which he said they were constitutionally entitled to enjoy.
After listening to the arguments, Justice Ringim adjourned till the 9th of
September for his ruling.