Is Dino Melaye asthmatic or not? The prosecuting counsel he has no asthma but the defence said he has. The court in Kogi has listened to both sides on the matter and has granted him bail.
Details: Controversial senator, Dino Melaye, is inching close to freedom as a Kogi High Court sitting in Lokoja on Tuesday May 15, 2018, granted bail him bail for N10m surety on health grounds.
Melaye first won victory against his recal attempt as his detractors could not muster up to 6 per cent of the required 51 per cent in the signature verification bid to start his recal.
In the criminal trial he faces, he has been granted bail too in a process that looked tight enough to incarcerate him for long. Melaye is standing trial over alleged illegal possession and dealing in firearms along with two suspected criminals
Justice Nasiru Ajanah the cheif judge of the state granted the bail application filed on behalf of Senator Melaye by his counsel, Mike Ozekhome, last week Wednesday in Lokoja.
The trial Judge premised his decision on the health condition of the embattled senator representing Kogi West senatorial district.
In the ruling, Justice Ajanah declared that from the documentary evidence proffered in the case, there was no doubt that the third defendant was suffering from some kind of ailment.
He said “In addition to the asthma which the third defendant as alleged to be suffering from, the last medical examination shows him to have two heart bit issues referred to as ‘Soft tissue trauma and stress related hypertension’. I consider this health situation to be a special circumstance entitling the third defendant to the discretion of this court in admitting him to bail. In the circumstance of this case and in the light of the documentary evidence and the state of health of the 3rd defendant, I am convinced that he is not likely to evade his trial. I believe that at this stage in which it is shown from the nature of the charges that the prosecution has concluded their investigation, attention should be paid more to the expeditious prosecution of the main case. I do therefore hereby, grant bail to the 3rd defendant in the sum of N10 million and one surety in like sum.”
The surety according to him must be a person of means and shall so depose to an affidavit of means with verifiable address.
He also urged the court to declare that keeping him at the Police Headquarters would seriously jeopardize his health condition and also render it impossible for him to satisfy the bail conditions earlier granted him by another court in Abuja.
Reacting, the prosecuting counsel, Dr Alex Izinyon, vehemently opposed the application in a 23-paragraph counter affidavit dated 7th May, deposed to by Sgt. Ibrahim Ademola.
Izinyon said the issue of bail was a discretion remedy, pointing out that Dino did not have any outstanding medical problem adding that the claim that he was asthmatic was not contained in the medical report as he only had Malaria attack, adding that the Genesis and Revelation of the claim was Ozekhome’s afterthought.
Defending his point, Mike Ozekhome said there was no counter document from the prosecution on the medical document obtained from the National Hospital for Dino. Melaye.