An Abuja Federal High Court on Friday turned down a bail application filed by a university lecturer, Dr Nazeef Yunus, of the Department of Islamic Studies, Kogi State University, who is facing trial for allegedly being a member of the Boko Haram sect.
The court equally refused bail to a businessman Alhaji Salami Abdullahi, and Umar Musa, who are being tried alongside the university don.
The three suspects were alleged to be the leaders of a Boko Haram cell in Kogi State.
The Abuja FHC, presided over by Justice Gabriel Kolawole, refused their bail applications in a ruling on Friday.
Justice Kolawole cited the murderous activities of the Boko Haram sect in the North East as the reason for the court’s refusal to admit the accused persons to bail.
He particularly condemned the recent massacre of scores of innocent students of the Federal Government College, Buni Yadi in Yobe State by members of the Boko Haram.
Drawing attention to the incidents, Justice Kolawole said the court would fall short of its responsibility to dispense justice if it pretends that all is well in the country.
Although he admitted that the court retained its discretion to grant bail, he noted that the court was guided in exercising such discretion by the nature of the charge, the severity of punishment and the character of evidence, as well as the criminal record of the accused persons.
The judge also noted that the court considered the likelihood of a repetition of the offence before refusing the bail application.
According to him, even if the court opted to grant bail to the accused persons, the bail conditions would have been very stiff, considering the ongoing mindless campaign of terror launched by the Boko Haram sect in the past four weeks.
“I am a bit constrained that granting the accused persons bail will be very strict, but to do this, will lead to the court imposing outlandish bail conditions,” he said.
Justice Kolawole was of the view that granting bail and then imposing stringent conditions that the accused persons could not meet up with, was like giving a gift with the right and collecting it with the left hand.
He said, “It is the severity of the crime that matters, and one is hesitant to grant bail.
“This may not be a period for the court to embark on fanciful and sterile judicial analysis so that the court cannot send out wrong signals.”
Justice Kolawole added that the duty of the court in view of the current situation in the country was to assist the state to address the security challenges, adding that issues of national security could not be regarded as extraneous issues.
Abdullahi, the 2nd accused person, had asked the court to grant him bail to enable him to treat an ailment, but Justice Kolawole ruled that the said health challenge could be handled by a clinic in the prison as long as he had regular access to medical attention.
After refusing the bail applications, Justice Kolawole ordered and granted accelerated hearing of the terrorism case.
The trial of the accused persons will commence on March 18.
