The Federal High Court, Yenagoa, Bayelsa State, on Monday ruled that Mr. Yunusa Dahiru, aka Yellow, the alleged abductor of 14-year-old Ese Oruru, should be returned to prison.
A prayer that the judge should allow Ese, the alleged victim, to be quizzed or have her evidence taken in private was vehemently rejected by the defence team.
The prosecuting counsel, Mr. Kenneth Dika, told the judge that the victim was a minor and deserved court’s protection.
But Dahiru’s lawyer, Mr. Kayode Olaosebikan, opposed the oral application and urged the court to rule on his application for bail filed since March 8.
Justice H.A. Ngajiwa ruled that Yunusa should remain in the prison pending the determination of his bail application.
However, Dahiru, who is facing five counts of criminal abduction, illicit sex, sexual exploitation and unlawful carnal knowledge, was brought into the courtroom accompanied by some prison officials.
Justice Ngajiwa held that the application for bail could not be fully heard since counsel for both parties could not furnish the court with all authorities cited in their cases as directed by the court, especially whenever the lawyers’ processes were to be adopted.
The seven-paragraph affidavit asking for bail was deposed to by one Oladeji Maxwell, while the defence team’s affidavit rejecting the bail application was deposed to by Debo Waheed, a member of the police prosecuting team.
Yunusa’s legal team argued that since the offence was a ‘bailable’ offence, the judge should not have any inhibitions in granting the prayer of the suspect.
In opposing the bail application, the police noted that it was difficult to “retrieve” Yunusa from the Muslim Council in Kano when he was first arrested, arguing that if the accused was granted bail, it would literally put an end to the case.
“It took the police from August till now to get the suspect arrested. If he’s granted bail, he will not come back to this court because he is not even resident in this jurisdiction,” the prosecution argued.
In a brief ruling, Justice Ngajiwa reserved ruling on the bail application till March 21 and ordered that Yunusa should be sent back to prison.
