Senator Hamma Misau has been arraigned by the Federal Government before a High Court of the Federal Capital Territory (FCT), Maitama, Abuja, on a five-count charge bothering on alleged injurious falsehood against the Inspector-General of Police, Ibrahim Idris; Police Service Commission (PSC) and the Nigeria Police Force (NPF).
The defendant pleaded not guilty to the five-count.
The trial judge, Justice Ishaq Bello, however, admitted the senator to bail in the sum of N5 million with two sureties in like sum.
Counsel to Misau, Godwin Obla (SAN), however, made an oral application, praying the court to admit his client to bail on self-recognizance.
The counsel afterwards moved an oral application for his bail on the grounds that Section 393 (1) of the Penal Code under which the defendant was charged carried maximum of two years punishment upon conviction. Besides that, he said section 163 of the Administration of Criminal Justice Act (ACJA) 2015, expressly makes provision for bail of the defendant.
Obla also said that by virtue of Section 36 of the 1999 Constitution, his client is presumed innocent and that being a serving senator, he could not run away. He further told the court that the defendant would not tamper with police investigation since it was completed and that the defendant could not also influence the prosecution witnesses who are said to be serving police officers.
Meanwhile, the Director of Public Prosecutions of the Federation (DPPF), Salihu Bakun, who led the prosecution, objected to the oral application, insisting that such bail application must be in writing.
Bakun’s argument was rejected by the presiding judge on the ground that oral application is also allowed before the law.
The DPPF, however, did not object to the bail, leaving it to the discretion of the court.
Justice Bello, in his ruling, said that Obla though applied for bail in self-recognisance for the defendant being a serving senator representing Bauchi Central in the Senate, he would want sureties for the defendant.
He, therefore, fixed the trial date for November 28 and 29, 2017.
