The Federal High Court, sitting in Yenagoa, Bayelsa State, Monday, ordered further detention of Yunusa Dahiru, alias Yellow, in Okaka Prisons, for the alleged abduction of 14-year-old Ese Oruru, following discrepancies in his bail application.
Justice H.A Ngajiwa ruled that Yunusa should remain in prison custody pending the determination of an application seeking his bail.
Also at the resumed hearing on the matter, the state through the police sought the approval of the court to hear Oruru’s oral evidence in camera.
Ngajiwa made the remand order following the inability of the suspect’s five-man team of lawyers led by Kayode Olaosebikan and the prosecution three-man team headed by Kenneth Dika to present evidence of judicial precedent in their arguments during the court session.
The judge concluded that the bail application had suffered setback because the teams of lawyers could not present to the court all authorities they mentioned in their cases as directed by the court.
Dahiru is facing a five-count charge of criminal abduction, illicit sex, sexual exploitation and unlawful carnal knowledge of the 14-year-old Oruru.
He was brought to the courtroom at about 10.am escorted by some prison officials.
The Kano-born Dahiru looked pensive and lean in his green traditional Hausa attire.
Following his stalled case, Yunusa was ordered by the judge to step out of the dock.
The prosecution, however, brought a prayer before the court asking it to allow Oruru to be quizzed and evidence taken in camera because of her age.
The prayer was vehemently opposed by Yunusa’s lawyers who insisted that all examinations and cross examinations must be done in the open court.
The seven-paragraph affidavit asking for Yunusa’s bail was deposed to by Oladeji Maxwell of Olaosebikan and Co., while the prosecution affidavit rejecting the bail application was deposed to by Debo Waheed.
The prosecution asked the court to decline the bail request by Yunusa’s legal team, which consisted of Audu Bulama, Oche Alex, Yahaya Sheriff and Huwaila Mohammed.
In its argument opposing the bail application, the prosecution noted that it was difficult to bring Yunusa from the Muslim Council in Kano where he was first arrested.
He argued that if the accused were granted bail, it would literally put an end to the case.
‘’It took the police from since August till now to get the suspect arrested. If he’s granted bail, he will not come back to this court because he is not even resident in this jurisdiction,’’ the prosecution said.
But Yunusa’s legal team, however, argued that since it was a ‘bailable’ offence, there was nothing stopping the judge from granting the prayer of the accused.
Olaosebikan, called on the judge to discountenance the prosecution’s resistance, arguing that the statement was even an indictment on the police legal team.
He said: ‘’It is preposterous that a member of the police force would say that they cannot retrieve Yunusa from the Muslim council in Kano, when the members of that body are all civilians. The court should not rely on that argument.
But Ngajiwa reserved ruling on the bail application to a later date and ordered that Yunusa should be sent back to prison.
“Ruling is hereby reserved for the 21st of March and suspect is to be remanded in prison custody,’’ he said.
Speaking outside the courtroom, the defence lawyers insisted that the case was that of a ‘Romeo and Juliet’, adding that the argument that the girl should be shielded during court sessions was untenable.
‘’Their reason is that they don’t want publicity for the girl, but our own position is that the matter is already in the public domain. The prosecution created a media nightmare for the girl. They dug the pit, let them wallow in it.
“Our own contention is that what they are trying to prevent has already occurred. Even the trial started in the media. So they can’t stop what they started,’’ Olaosebikan said.
During the last court session, Yunusa who was brought in handcuffs admitted impregnating the teenage girl, but pleaded ‘not guilty’ to the five-count charge.
The police accused Yunusa of conspiring with the duo of Dankano Mohammed and one Mallam AlHassan to ‘abduct, coerce, deceive and sexually assault’ the Delta born Miss Ese Oruru.
The police alleged that the suspect committed an offence punishable under section 27(a) of the Trafficking in persons (prohibition) Enforcement and Administration Act, 2015.
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