A Federal Capital Territory High Court in Maitama, Abuja has granted bail to Senator representing Kogi West, Dino Melaye. Melaye was being held by the Police in the Department of State Services hospital in Abuja.
It will be recalled that Melaye has been in police custody since January 4 when he was arrested after a week-long siege at his house in Abuja.
Mike Ozekhome (SAN), representing Melaye, has applied for his bail before Justice Yusuf Halilu on health grounds.
The judge granted him bail pending when he would be arraigned before a competent court. He maintained that the applicant must be strong enough to undergo trial.
“Can he be arraigned on a sick bed or a stretcher? The answer is in the negative,” the judge said.
As part of the bail conditions, the court ordered the applicant to provide three sureties, two of whom must be residents of Abuja with evidence of landed property in the FCT.
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The third surety must be the clerk of the National Assembly who is to write an undertaking that Melaye would attend trial after regaining his health.
Melaye had approached the court under order 2 Rule 1 and 4 rule 3 of the Fundamental Rights Enforcement Procedure Rules, 2009 and Section 35(1) (4) and (5), 36 (5), 44 (1) and 46(1) of the 1999 Constitution.
The respondents in the suit are the Inspector General of Police and the Commissioner of Police for the Federal Capital Territory.
The applicant prayed the court to grant him bail on his recognition or on such favourable and liberal terms the court at the discretion of the court pending his formal arraignment before a court or pending hearing and final determination of his substantive motion for the enforcement of his fundamental rights.