A Federal High Court in Abuja yesterday turned down a prayer made by one of the police officers accused of killing Ustaz Mohammed Yusuf, the leader of the dreaded Islamic sect, Boko Haram, in 2009.
Adamu Gado, a sergeant and one of the five accused persons facing trial on a two-count charge of conspiracy to commit terrorist act, had asked the court to admit him to bail to enable him prepare for the trial proper.
He also informed Justice Donatus Okorowo that the law presumes an accused person innocent until the contrary was proved.
But the judge held in his ruling that although Section 118 of the Criminal Procedure Act (CPA) confers the Court with the discretion to grant bail, such discretion must be exercised in accordance with the basic principles of law.
“The discretion to grant bail must be done judicially and judiciously”, he said.
In refusing the application for bail Justice Okorowo said he was persuaded to turn down the prayer for bail by the material evidence brought by the prosecution before him, particularly where the accused person had admitted in his statement to the Police that he actually shot at the late sect leader, Yusuf.
The Judge said the fact that Sergeant Gado (5th accused), admitted that he actually joined others to shoot at Yusuf, as contained in exhibit J. O (1).
This, according to the judge, was an admittance that he committed the crime and added that the court could not on that strength grant him bail, even as he further agreed with the prosecution that the accused person had been on the run since he was granted administrative bail.?