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Atiku's aide gets bail

Posted by By GODWIN TSA, Abuja on 2006/10/13 | Views: 594 |

Atiku's aide gets bail


After spending two nights in Kuje Maximum Prison, Abuja, the media consultant to Vice President Atiku Abubakar, Mallam Garba Shehu, was on Thursday granted bail by a Federal High Court, Abuja.

After spending two nights in Kuje Maximum Prison, Abuja, the media consultant to Vice President Atiku Abubakar, Mallam Garba Shehu, was on Thursday granted bail by a Federal High Court, Abuja.

The spokesman for the Atiku Campaign Organisation was, on Tuesday, arraigned before a Federal High Court on a three-count charge of obtaining classified documents without authorisation. He was subsequently remanded in prison custody on the orders of the court.

Justice Binta Nyako, who admitted him to bail, did so on the condition that he provides two sureties, who must be members of the Guild of Editors of Nigeria. He is also to submit his International Passport to the court.

When informed that Shehu's International Passport was at the Saudi Arabian embassy, in Kano, where he is processing his traveling documents for the 2006 haji operation, the court said he must produce two lawyers in the rank of Senior Advocates of Nigeria (SAN), who would write an undertaking that his passport would be deposited in the court.

The two senior lawyers, on their part, are to attach two passports to the undertaking.
Thursday's court session witnessed a mild drama as the prison authorities failed to produce the accused in court.The situation compelled the court to stand down the matter to 12pm as it directed the prosecution counsel to produce him in court.

Though no reasons were adduced by the prosecution counsel as to why the media consultant was not brought to court, a prison official told Daily Sun that the authority was not served with a warrant to produce him to court.

At exactly 11:33am, Mallam Garba was driven into the court premises in a black Peugeot 406 saloon car with registration number BD 224 ABC (Abuja), sandwiched by security personnel who ushered him into the courtroom. Before that, the accused person, looking unruffled, was allowed time to exchange pleasantries with his lawyers, friends and associates who attended the court session.
When his case was called, Mallam Shehu, who was wearing a sky blue caftan with a matching cap, went into the docked where he remained standing as his bail application was moved by his counsel.

Moving his bail application, Chief Adeniyi Akintola (SAN) urged the court to grant the application as the offence upon which his client was standing trial was bailable as they are not capital offences.
He told the court that his client had met all the principles set out by the Supreme Court in granting an accused person bail.
While contending that the bail of an accused person is a constitutional right, he submitted that there was nothing on the face of the charges sheet and before the court to show that his client should not be admitted to bail.

Describing his client as a man of impeccable character, a man of high standing, a journalist, a fellow of the Guild of Editors and a spokesperson to the number two citizen of the country, Akintola said he would not jump bail if granted.
He cited a litany of legal authorities, including the cases of Obioma Vs F.R.N (2005),13 WLRN, Bamaiyi Vs State, 2001, 8 NWLR, Nnonye Vs Anyiche (1989) 2 NWRL etc, to support his arguments.
Five Senior Advocates of Nigeria appeared for the accused persons. They include Rickey Tarfa (SAN), Adeniyi Akintola and Emeka Ngige.

The bail application was not opposed to by the prosecution counsel, S. H. Baukurn who said, 'we did not file a counter affidavit which signifies our intention not to opposed the application. We are leaving it to the discretion of the court."

Mallam Shehu Garba's ordeal started when agents of the State Security Service (SSS) on Tuesday, September19, 2006, stormed the Atiku Campaign Media Centre in Jabi and abducted him to their operational headquarters. He was later released on bail before being charged to court for obtaining a classified document and making it public without authorisation.
Hearing of the substantive case has been fixed for October 21, 2006.

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