The Federal High Court in Abuja yesterday declined to grant a bail application filed by Bauchi State Finance Commissioner Yakubu Adamu and his co-defendants who are facing alleged $9.7 million terrorism financing.

In a ruling, Justice Emeka Nwite held that the offences for which the defendants were charged threatened national security and public safety.

Justice Nwite also held that terrorism-related offences threaten social order.

The judge averred that pre-trial release could endanger the public; hence, such bail could not be granted.

But he made an order for an accelerated hearing of the matter.

“I’m not unmindful of the constitutional provision of Section 36(5), which provides that every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty.

“But I must not hesitate to state that the said constitutional provision is not absolutely right.

“In the consideration of a bail application, all factors have to be considered,” he said.

Citing a 2001 case involving Bamaiyi and the state, the judge said the Supreme Court held that “it is proper to consider the nature of the offence, the nature of the evidence in support of it and the severity of the punishment which conviction will entail”.

The judge also stated that the court took into consideration these critical factors regarding the defendant’s availability to stand trial.

He added: “These are not matters that should be glossed over.

“I cannot say more than this erudite jurist.

“Our criminal justice system has its stipulations and safeguards for the prosecutor, the accused and the victim.

“In the proper operation of that system, it can be said that it is in the interest of the society and with those safeguards that if an application for bail pending trial, there is a good reason to believe or strongly agreed that the accused will not jump bail, thereby making himself available to stand his trial and /or will not interfere with witnesses thereby constituting an obstacle in the way of justice, the court will be acting within the undoubted discretion to grant bail.

“I have carefully considered the affidavit evidence available before me in this point in time.

“And I have also considered the proof of evidence, especially the statement of Dan Lawan Abdulmumuni and other prosecution witnesses together with grave threat to national security and public safety this case pose.

“And I have also taken cognisance that terrorism-related offences threaten social order and pre-trial release could endanger the public.”

Source; The Nation News