Lokoja, Dec. 8, 2016 (NAN) A Lokoja Chief Magistrate Court has granted bail to Mr Friday Ogungbemi, Kogi-based journalist and publisher, arrested and detained by the Directorate of State Security since November 30.
Ogungbemi, who was arraigned on Thursday, was arrested and detained over an alleged offensive publication against, Mr Edward Onoja, Chief of Staff to Kogi State governor, Alhaji Yahaya Bello.
In his ruling, the Chief Magistrate, Alhassan Husaini, said that the issue of bail pending trial was a constitutional right of an accused person.
“This is by virtue of Section 36(5) of the constitution and Cap C 23 of the Laws of the Federation of Nigeria (LFN) 2004”, he said.
Husaini added that once an applicant had canvassed facts such as to sway the mind of the court to grant bail in favour of the accused while the offence is triable it becomes more compelling to grant such bail.
“This fact makes the granting of the relief sought in my view, more compelling.
“In the light of the foregoing, the accused person is hereby released on bail in the most liberal terms,’’ he said.
Husaini granted the accused N20, 000 bail with a surety in like sum and adjourned the case till December 20, for hearing.
Earlier, the prosecuting counsel, Mohammed Abaji of the state Ministry of Justice, prayed the court to take cognizance of the offence of Defamation contrary to section 393 of the Penal Code preferred against the Journalist.
Abaji, alleged that, Ogungbemi, on or about the Nov. 23rd –Dec, 15, 2016, in Lokoja published an “imputation’’ concerning, Edward Onoja, Chief of Staff and Yahaya Bello, governor of Kogi State.
He said the publication was defamatory having a caption, ”Overzealous Chief of Staff Acts Governor Extra Ordinaire” and also imputed that ”Edward Onoja is over ambitious and power drunk.”
Abaji argued that the publication intended to harm or having reason to believe that it would harm the reputation of Onoja.
Ogungbemi, who pleaded not guilty to the charge, told the court that his counsel must be in court before the commencement of his trial.
The court thereafter granted a 20-minutes recess.
On resumption of sitting, Mu’azu Abbas, counsel to the Journalist, applied for bail for his client pursuant to Section 36(5) of the constitution emphasising his innocence until proven otherwise. (NAN)