An Abuja Chief Magistrates’ Court has granted bail to six EndSARS protesters in the sum of N50, 000 each with one surety in the like sum. The six protesters who were arrested while donning RevolutionNow T-Shirt during a protest at the entrance of the National Assembly are: Olutosin Adeniji, Yasidu Bashiru, Abdulsalam Zubairu, Kabiru Garzali, Paul Akinwumi and Devour Chomo.
Before granting the bail, presiding Chief Magistrate Musa Eneye expressed displeasure over a malicious publication on the arraignment of the EndSARS protester in the court last week Friday, where the court’s proceedings were twisted and turned upside down on social media.
The Chief Magistrate who drew the attention of lawyers and litigants to the malicious publication warned that there are laws guiding procedures in court and that any violation of the rule will lead to contempt of court.
He urged Media practitioners to always get their facts accurate in judicial reporting and avoid undue sensationalism and sub-judice in the matter pending before the court so as not to run foul of the law.
Magistrate Eneye laid emphasis on the freedom of expression as enshrined in the 1999 Constitution but however said that the law was not absolute because, there are guidance that must be followed by anybody or group while expressing themselves.
He said even though dangerous insinuations were made against him on the social media, he has taken the oath of office and that of judicial matter and that he would perform his job without fear or bias against anybody or group.
The Protesters were arraigned on Friday November 6, 2020 by the Federal Capital Territory Commissioner of Police on charge of criminal conspiracy, unlawful assembly and inciting public disturbances contrary to Section 97 of the Penal Code.
Although, the six defendants pleaded not guilty to the charge, they were, however, ordered to be remanded at Suleja Prison pending the time their formal application for bail would be argued.
At the presentation of their formal applications, the counsel to the defendants Mr. Tope Akinyode, urged the court to admit them to liberal bail conditions.
The lawyer predicated the bail application on Sections 6, 35 and 36 of the 199 Constitution and Sections 156, 163, 164 and 165 of the Administration of Criminal Justice Act 2015.
Although the bail applications with the affidavit evidence were served on the legal department of the Abuja Police Command, no legal representation was made or any excuse offered for their absence.
Magistrate Eneye, in his remarks allowed the bail application to be moved in line with the provision of the Abuja Magisterial rules.
In his ruling on the bail application, Magistrate Eneye said that the facts deposed to in the affidavit evidence of the defendants were convincing enough to warrant bail to be admitted to them.
The Chief Magistrate said that Court must not refuse bail to punish the defendants while bail conditions must not be too excessive so as not to amount to denial of bail.
Having found merit in the bail application, the Chief Magistrate granted each defendant bail in the sum of N50,000 and one surety in the like sum.
However, the surety must have source of income and must submit passport photograph of his means of identifications to the registrar of the court.
Subsequently, the court adjourned hearing in the case till January 25, 2021.