Posted by By Anayo Okoli on
AN Onitsha Magistrate Court yesterday granted bail to a 64 year old man, Vincent Ubabunike, accused of kidnapping a 67 year old man, Chief Augustine Nwagbo who had been missing since May 1, 2005.
ONITSHA - AN Onitsha Magistrate Court yesterday granted bail to a 64 year old man, Vincent Ubabunike, accused of kidnapping a 67 year old man, Chief Augustine Nwagbo who had been missing since May 1, 2005.
Ubabunike was charged for an offence of kidnapping punishable under section 495 (a) of criminal code cap 39 vol. 11 reverseds law of Anambra State of Nigeria 1991.
In the charge No Mo/1097/2005 filed by the Commissioner of Police, Ubabunike was accused of conniving with others still at large to kidnap Nwagbo.
When the application was made, the prosecuting police officer, ASP Fidelis Nwabuisi opposed the bail application, saying the missing man has not been found.
"I am opposing the bail of the accused because up till now we have not seen the man they are [allegedly] holding, we suspect they have killed him", Nwabuisi said.
Nwabuisi said that the accused person had allegedly gone to the house of the missing man assuring that he will assist them in finding the man.
But the Chief Magistrate, Mrs. C.E Chukwurah said the matter was a bailable offence.
She therefore granted the accused bail with some conditions which include N500,000 and a surtey who must be resident in Onitsha, two passport photograph, and must be a property (landed) owner with title deeds and three years tax receipt.
Counsel to the accused, Mr. M.C Olisa had earlier applied for a bail to be granted to the accused on the most liberal term.
He said that the accused person had been detained in several police stations even when the case is a bailable offence.
He said it was only when he sued for the enforcement of the fundamental rights of the accused that he was quickly charged to court.
Counsel to the missing man, Mr. Collins Okpara said that the bail granted to the accused person does not mean that he is entirely free.
He said that bail is meant to secure the attendance of the accused person in court.
"As a matter of fact, the condition attached to the man''s bail is honourous. The man was asked to bring a surety who must have a tax clearance certificate, an owner of a landed property. I think that condition is quite honourous and he has to fulfilled those conditions before he can be released on bail".
The case was adjourned to September 12, 2005.