Chief Whip of the Oyo State House of Assembly, Hon. Olafisoye Akinmoyede who was arrested in connection to a political murder case has been granted bail by a High Court in Oyo State.
Backstory: Hon. Akinmoyede was a prime suspect in the murder of federal house of representatives member, Hon. Olatoye Temitope (famously called ‘Sugar’, during the March 9th Gubernatorial elections.
He was arrested March 11, 2019 and has remained in detention since then.
The petition: His counsel, Micheal Lana filed an enforcement of human right suit against the police for detaining him for an extended period without arraigning his client. He requested that the court grant Hon. Akinmoyede bail pending his arraignment.
The judgement: The presiding judge, Justice Mashud Abass showed his distaste at the unlawful actions of the police and the practice of the police making arrest before investigation. The judge held that the police had no justification that would warrant the court not to grant bail to the applicant. Per Justice Abbas:
- “All actions of the police must be seen to have justification in law and the fundamental right of the applicant must not be restrained by any technicality.”
- “The power of the police to arrest and detain is not in doubt but the constitution stipulates that any person detained must be arraigned within 24hours.
- “The remand order obtained by the police from an Iyaganku Magistrate court had expired since April 4 and detaining the applicant beyond this period is flagrant disobedience to the constitution.
- “Obedience to court order should be the responsibility of all who believe in the stability of Nigeria.
Bail condition: The judge held that the applicant should be granted bail given a surety who is a blood relation with landed property worth N50 million and a civil servant with grade level 14, or another member of the state House of Assembly or National Assembly.