An FCT High Court in Maitama has granted bail to Senator Dino Melaye (PDP, Kogi) on health grounds.
Melaye was granted bail on Friday in a suit to enforce his fundamental human rights brought through his counsel, Mike Ozekhome (SAN), who argued that ill health was a condition to reckon with in consideration for bail.
He said it was only the living that could stand trial and that in an investigation procedure it was unlawful to arrest a suspect unless there are enough evidence to caution him.
“He is a senatorial candidate in this election and that was the reason they are holding him so that he will not take part,” Ozekhome submitted.
In opposition to the bail application, Mr Simon Lough, counsel for the police argued that the arrest was lawful because it was in pursuant to a petition written against him.
He said that the petition alleged that Melaye was in possession of firearms and he attempted to commit assassination with the firearms
He said on the issue of health status, that there was no evidence given by the applicant to show that the medical facility where he (Melaye) was taken can not take care of his illness.
Melaye had been in police custody since January 4 and subsequently approached the court for enforcement of his fundamental right.
Ruling on the application, the trial judge, Justice Yusuf Halilu held that though there was no formal charge before the court, but he would still grant bail on health ground.
As part of his bail condition, Melaye is expected to provide three sureties, two of which must show evidence of landed properties in Abuja.
“The third, a clerk of the National Assembly who must do a letter to the court that the applicant must be produced in court when he is required,” the judge held.
The judge thereafter adjourned January 23 to rule on the substantive matter.