A High Court
of the Federal Capital Territory (FCT), Jabi District, has refused Maryam Sanda
bail.
The judge,
however, granted the other defendants bail on the condition that the defendants
will produce two sureties with evidence of residence within Abuja.
They are
also required to deposit their travel documents in court. The two sureties
shall deposit documents for their landed property to the registrar of the
court.
Maryam,
daughter of a former Executive Director of Aso Savings and Loans, Hajiya
Maimuna Aliyu Sanda, had been arraigned on November 24, 2017 on a two-count
charge by the FCT Police Command on a two-count charge.
She was
accused of killing her husband, Bilyamin Bello, son of Alhaji Haliru Muhammad
Bello, a former chairman of the People’s Democratic Party (PDP).
Maryam was
alleged to have caused the death of Bilyamin by ‘“stabbing him on the chest
with a broken bottle” which eventually led to his death.
Sanda’s
counsel, Joseph Daudu (SAN), yesterday asked the court to grant Maryam bail on
the ground that she had submitted a medical certificate showing that she was in
need of health care, which could not be provided at the detention facility.
The senior
counsel cited Section 161 (2) of the Administration of Criminal Justice Act
(ACJA), which deals with exceptional cases and prayed the court to consider the
health condition of the first defendant and her eight-month-old baby who would
require constant motherly care.
In his
response to the application, the presiding judge, Justice Yusuf Halilu, said
the section cited by Daudu though relates to exceptional situation, the case
presented in court did not prove to be so exceptional.
Justice
Halilu said: “Although Section 36 (5) of the constitution presumes an accused
person innocent. However, in circumstances such as this, the judge’s discretion
shall be exercised judicially and judiciously.
“The nature
of the charge, the evidence before the court and the punishment likely if the
suspect is found guilty are the most important ingredients.
“I have gone
through the arguments of counsel for the defence and that of the prosecution as
well as Section 161 (2) of the ACJA relied upon by Daudu with regards to
exceptional cases.
“It is not
enough to include a medical certificate. Efforts must be made to show that the
defendant cannot be treated in the medical facility at the detention camp.
There must be cogent evidence to show that the sickness the first defendant is
suffering from is that which cannot be taken care of within the medical
facility.
“On the
whole I am not favourably disposed to granting the first defendant bail. My
discretion in her favour is hereby withheld,” the judge held.
Meanwhile,
earlier in the proceeding, the FCT Police Command arraigned Maryam’s mother,
Maimuna Aliyu and brother, Aliyu, over their involvement in the alleged murder
of Bilyamin.
The court
was inclined to provide an Hausa interpreter for one Sadiya Aminu who informed
the court she does not understand English language.
All parties
pleaded not-guilty to the two-count charge brought against them. Daudu
thereafter applied for bail for the four defendants.
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