A Federal High Court sitting in Lagos, presided over by Justice Lewis Alagoa, today, granted bail to one Osakwe Evbuomwan in the sum of N50 million and one surety in like sum.
Justice Alagoa in his ruling on the defendant’s bail application also ordered that the surety must be a landed property owner within Lagos State or in the alternative, a Grade level 15 Officer in the service of the Federal or Lagos State government while all documents tendered must be verified by the court Deputy Registrar.
Osakwe Evbuomwan was Arraigns before Justice Lewis Alagoa last Friday by men of the National Drugs Law Enforcement Agency for allegedly smuggling out of Nigeria, 1.550 Kilograms of Tramadol.
The defendant’s bail application was subsequently argued by his counsel, Chief Benson Ndakara and opposed by the prosecutor, Mr Augustine Nwagwu of the NDLEA, Justice Alagoa after listening to both parties consequently reserved ruling till today
Ruling on the bail application today, the trial judge held that the seriousness of an offence as canvassed by the prosecution, is not a ground to deny bail to an accused who is presumed innocent until found guilty by a court of competent jurisdiction, more so, the defendant has indicated his willingness to provide reliable sureties.
Justice Alagoa held that the only ground for refusing bail in an offence which punishment is not more than three years is where there is a “special circumstances” that could warrant the defendant not coming for his trial.
According to the NDLEA, the defendant was arrested on December 18, 2021, at the Departure Hall of Murtala Mohammed International Airport, Ikeja, Lagos, during the outward clearance of passengers on Ethiopian Airline.
Arraigning the defendant last Friday, the prosecutor, Mr. Augustine Nwagu, told the court that the offences committed by the defendant is contrary to Section 20(1) (a) and punishable under Section 20 (2) (a) of th National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria, 2004.
The defendant then pleaded not guilty to the charge.
With the defendant’s not-guilty plea, the prosecutor, Nwagu, asked the court for a trial date and also urging the court to remand the defendant in the custody of the Nigerian Correctional Services (NCoS), till the determination of the charge.
Responding to the prosecutor’s request, counsel to the defendant, Mr. Benson Ndakara, told the court that the defendant’s bail application has been filed and same served on the prosecutor.
The prosecutor confirmed been served with the application, but told the court that he has equally filed a counter to the application.
Justice Lewis Allagoa, then adjourned till today, February 4, for ruling on the bail appllication.
He however, ordered that the defendant be remanded in the NCoS’ custody, till the determination of the bail appllication.
In a similar vein, Justice Alagoa today granted bail to a lady, Anyaso Rosita whose bail application was equally agued before the court last Friday.
Justice Alagoa granted N20 million bail sum with one surety to Rosita who was alledged to have been caught with 4,250 kilogrammes of Cannabis Sativa at Jakande Ilaso Estate, Lekki, Etiosa Local Government Area, Lagos State on November 30, 2021.
Justice Alagoa in the ruling ordered that the surety must be a landed property owner within Lagos State or a civil servant with not less than grade level 15 in the Federal or Lagos State public service.
According to the charge, Rosita was alleged to have without lawful authority be in possession of 4.250 kilogrammes of Cannabis Sativa, a narcotic drug similar to Cocaine, Heroin or LSD and thereby committed an offence contrary to Section 20(1)(C) and punishable under section 20(2}(b) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria, 2004.
She however, pleaded not guilty to the charge while the prosecutor, Augustine Nwagwu asked for a trail date and an order remanding the defendant in prison custody.
