A Magistrate Court sitting at Oke Eda, Akure the Ondo State capital, on Tuesday, reversed the bail granted to the suspected killer of a Fulani herdsman, Mr Ajayi Bayode, on the directive of the Ondo State Government.
Presiding over the case, the Chief Magistrate, Mrs Victoria Bob-Manuel, hinged the reversal of her earlier decision to the fact that the Court that has no jurisdiction to hear cases that bordered on capital punishment if the accused is found guilty.
Bayode was last week brought before the court and accused to have killed one of the Fulani herdsmen who invaded his farmland in Arigidi Akoko in the Akoko Northwest Local Government area of the State.
He was, however, docked last week on one count charge of murder contrary to Section 319 (1)of the Criminal Code Cap 37 Vol 1 of the laws of the state but was granted bail know order to treat himself before appearing for trial.
Dissatisfied with the order of the court, the state government through the office of the State Attorney General and Commissioner of Justice, prayed the court to reverse the bail earlier granted to Bayode for lack of jurisdiction to hear the case.
Representing the Attorney General at the Court, Mrs O.F. Olatunji, in an application brought pursuant to Section 156 of the administration of Criminal Justice, said the court should set aside its decision of the June 14 granting the respondent bail for want of jurisdiction.
The bone of contention on the application was that the nature of the offence and the circumstances surrounding it poses great security challenges to the accused, the community and the state at large.
She explained that it is only the High Court that has jurisdiction to hear cases that bordered on capital punishment if found guilty.
However, the counsel to the accused, Mr Wale Omotoso sought from the Court more time to respond to the application made by the state government as he was served with the court processes within the court premises earlier in the day.
In her ruling, the Chief Magistrate, Mrs Victoria Bob-Manuel ordered the accused to be taken to the custody by the police while she ordered that the accused should be transferred to the hospital so that he could get medical attention.
She, however, ordered that she should be taken to the prison custody after treatment, saying, since her court did not have jurisdiction to hear the case, the counsel to the accused should seek bail for the accused at the High Court.
Reacting to the ruling, Omotoso, the counsel to the accused, said the court was forced to reverse its earlier decision because of the pressure from the government saying the Magistrate was forced to revoke the bail on Monday; which was a public holiday.
Omotoso said the government came with an application to set aside the lawful order earlier granted by the court.
He said “This is a subversion of justice. If a person has been given bail because of pathetic health condition and overnight, the bail is revoked. The man is in jeopardy and may likely lose his life anytime from now. May God help us in this country.
“We are not sure if indeed the Fulani man was indeed dead; we don’t know where the other Fulani herdsman went to, we have not seen any copse. I am not sure my client is being charged properly for the offence committed.”
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