A Magistrate Court in Mpape zone of the Federal Capital Territory (FCT), Tuesday conceded the 2018 Osun governorship candidate of the Peoples Democratic Party (PDP), Senator Ademola Adeleke, to bail in the sum of N2m.
Adeleke was arraigned before the court on a five-count charge bordering on alleged false statement and forgery.
He, however, pleaded not guilty to all the five count charges read against him and his lawyer, Prince Adebiyi Adeyosoye accordingly moved an application for his bail on health grounds.
But the prosecution counsel opposed the application on grounds that the defendant did not show evidence of his ill health, though, Justice Zubaru in his ruling held that he was mindful to grant the bail application.
As part of the conditions, the court ordered Adeleke to produce a surety in like sum, who must be a resident of the court’s jurisdiction.
It would be recalled that Adeleke was on Tuesday, May 6, detained by the police at its Abuja headquarters, after he submitted himself for interrogation in line with an order of a Federal High Court, Abuja.
The police after its interrogation brought Adeleke to the Mpape Magistrate Court for arraignment on the allegations of forgery.
Earlier, when the suit marked: CR/26/19, was called, Adeleke’s lawyer, Adeyosoye, told the court that it would be impracticable for the court to proceed with the arraignment on the grounds that the defendant is already standing trial on the same charge in two different High Courts.
He submitted that going ahead with the arraignment would amount to abuse of court process.
The lawyer also presented before the court another order of a High Court in Osun, which specifically ordered the police not to arrest or prevent Adeleke from travelling abroad for medical attention.
The two court orders were tendered and admitted in evidence as exhibit A and A1.
He accordingly urged the court to adjourn indefinitely pending the hearing and determination of the two main suit.
Responding, the defence counsel , Simon Lough, opposed the application for adjournment, on the grounds that the orders of the court on which the application was predicated did not say that the defedant cannot be arraigned.
Lough, in addition, informed the court that the complainant had already filed an appeal against the orders of Justice Ekwo of the Federal High Court.
He, therefore, urged the court to dismiss the application and order the defendant to take his plea.
Ruling on the application for adjournment, the Magistrate held that going by the hierarchy of court, the Magistrate Court is bound by the orders of a High Court.
He further held that the court cannot stop the defendant from enjoying his fundamental rights as ordered by the High Courts.
However, Justice Zubaru declined to adjourned the matter indefinitely on the grounds that nowhere in the two orders of the two High Courts that the police was ordered not to arraign the defendant.
He subsequently ordered that the charge be read to Adeleke for him to take his plea.
The matter has been adjourned till June 24 for commencement of trial.