Alhaji Mujahid Dokubo-asiri V. Federal Republic of Nigeria(2006)

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RHODES-VIVOUR, J.C.A.

After hearing arguments on 9/5/06 judgment was reserved. It was thereafter fixed for delivery on 24/5/06, but on that day counsel on both sides were not in court. Judgment was then adjourned for delivery on 6/6/06.

I now deliver Judgment.

The appellant, by way of summons on notice moved for pre trial bail. The learned trial Judge Hon. Justice P. E. Olayiwola heard arguments and in a considered ruling refused bail.

Dissatisfied with the ruling refusing bail, the appellant has appealed to this court and has asked that his appeal is determined on the two issues, which read:

“1. Whether it is a judicial and judicious exercise of discretion for the learned trial Judge to have refused bail to the appellant when the respondent admitted that the so called proof of evidence was incomplete, the matter was still under investigation and the prosecution was still looking for the evidence to support the charge.

2. Whether from the totality of the evidence contained in both the prosecution and accused affidavits the lower court ought not to have granted bail to the accused person.”

The respondent in its brief of argument formulated a sole issue for determination, and it is:

“1. Whether the learned trial Judge judicially and judiciously exercised his discretion in view of the totality of the affidavit evidence placed before him for consideration in the circumstances of the application for bail before the court.”

I have carefully studied the issues formulated in both briefs and I must observe that Issue No.2 in the appellant’s brief and the sole issue in the respondent’s brief are the same, although the respondent’s sole issue is more comprehensive.

For the determination of this appeal I am comfortable with the appellant’s Issue No.1 and the respondent’s sole issue.

A formal information has not been filed but pending in the Federal High Court Abuja is a five count charge. The appellant is involved in all the counts. Two of them relate to treasonable felony to remove the President of Nigeria from office otherwise than by constitutional means; taking up arms in order to intimidate and overawe the President and Government of Nigeria.

Two counts relate to forming an unlawful society known as Niger Delta Peoples Volunteer Force (NDPVF) for the liberation of the Ikwere people with objective of: levying war on the government of Nigeria, encouraging the killing and injuring of persons, subverting or promoting the subversion of the Government of Nigeria and its officials, interfering with, resisting, encouraging interference with or resistance to the administration of law; and disturbing and encouraging the disturbance of peace and order in the Niger Delta States of Rivers; Edo of the Federal Republic of Nigeria.

Finally, one count of publishing a statement, rumour, report which is likely to cause fear and false alarm to the public, granted interview to the Independent Newspaper that was published on 10/9/05 wherein the appellant said:

“Nigeria is an evil entity. It has nothing to stand on and I will continue to fight and try to see that Nigeria dissolves and disintegrates and I am ready to hold on to the struggle to see to this till the day I will die. I do not see any reason why I should continue to live with people that have no relationship with me whatsoever.”