The Honourable Justice Hajara T. Gwada of High Court No. 12 NDA Kaduna has adjourned till the 1st day of March 2017 for ruling on a bail application filed by 11 members of the Islamic Movement of Nigeria. 90 of the members of the Movement are standing trial before her on a case of culpable homicide, rioting, breach of public peace and obstruction of high way arising from the incident of December 12, 2015 involving the Islamic Movement in Nigeria and the Chief of Army Staff.
In moving the bail application, counsel to the accused members of the Islamic Movement in Nigeria, Barrister Festus Okoye stated that the 11 applicants for bail are in critical health condition at the Kaduna Central Prison. He pointed out that the medical report from the Nigerian Prison Service relating to them indicates that Mohammed Musa needs immediate surgery arising from gunshot injuries to his right leg and back and that Mohammed Bello needs surgery for his left hernia. The medical report also stated that Nasiru Ibrahim was diagnosed with chronic sinusitis and requires further investigation that has not been carried out due to financial constraints.
Furthermore, he informed the Court that Yahaya Abubakar has metal fragments in the mid region of his left calf and will require extraction through an elective surgical procedure; that Yusuf Mohammed was admitted to the prison clinic with gunshot injury to the left chest region; that Abubakar Ali has renal impairment and secondary hypertension and needs expert management; that Abdulkadir Mohammed suffered third degree burns involving 80% of the left buttocks with associated burn patches on the left upper arm and shoulder; that Yakubu Alhassan suffers from recurrent hearing impairment on both ears and will benefit from expert evaluation of the hearing impairment by an Otorhinolaryngologist; that Ibrahim Ayuba suffers hearing loss in the right ear due to blast from a possible grenade; that Umar Idris is being treated for gunshot injury to the right elbow and Ahmed Aliyu has burn injuries to the face and hands. He urged the Court to exercise its discretion in their favour and admit them to bail pointing out that all the accused person are presumed innocent until the contrary is proved. He urged the Court to admit them to bail as only persons that are alive are capable of standing trial and that since the state cannot take care of their medical needs, they should be allowed to seek alternative opinion and solution to their medical challenges. He also stated that it will be a tragedy if the health of the accused persons deteriorates and they are eventually set free by the Court.
Responding, counsel to the Kaduna State Government, M.D Joseph opposed the bail of the accused persons and stated that they are standing trial for a capital offence and submitted that the presumption of innocence should not be used in granting their application. He stated that the accused persons are in stable condition and can be managed by Prison doctors.ELANZANEWS.M