There was mild drama at the Federal High Court in Yenagoa over the decision of the presiding judge, Justice Hyeladzira Ajiya Nganjiwa to grant Yunusa Dahiru aka ‘Yellow’ bail with stringent conditions over his arraignment on a five-court charge bordering on abduction, illicit affair and rape of 14-year-old Ese Oruru.
The accused, Yunusa Dahiru, was granted a bail of N3m and two sureties of like sum who must present three years tax-clearance receipts to be verified by the Court Registrar.
The two sureties who must be within the jurisdiction of the Court must be a title holder and a civil servant of grade 12 above.
Immediately the presiding Judge, pronounced his ruling on the bail of Yunusa Dahiru,the parents of the victim, stormed out of court premises.
Counsel to Yunusa, Kayode Olaosebikan in his written address had brought the application for bail in pursuant of sections 158 and 162 of the Administration of Criminal Justice Act 2015 Section 36 of the Constitution of the Federal Republic of Nigeria.He argued that it is a settled principle of criminal jurisprudence that granting bail is at the discretion of the court which shall exercise such powers judicially and judiciously
He assured that the accused in line with the affidavit deposed to support the bail application would be present to stand trial.
The prosecutor, James Anata who in a 10 paragraph counter affidavit stated that it was difficult to arrest the defendant and bring him in as he was protected by the Islamic Council, added that granting him bail would enable him escape.
According to him since the object of bail is to enable the accused come back and stand trial it has been proven by previous experience that the accused person will never come back for trial.
In his ruling, Justice Nganjiwa relying on sections 158 and 162 of the Administration of Criminal Justice noted the he has taken into consideration the arguments of the two lawyers and had decided without hesitation to grant the accused bail in line with the powers of the court.
“ In consideration of the application, what is taken into consideration is that the offence is bailable and that the accused is presumed innocent until proven guilty. I am aware that the offence he is accused of is serious but that does not foreclose bail. That the accused might jump bail, it is incumbent on the Court to impose conditions that would make the accused appear for trial. I hereby grant bail with N3 million and two sureties of like sum residing the jurisdiction of the Court. “
“One must be a title holder while the second surety must a civil servant not less that grade 12. The accused must not travel out of the country without the knowledge of the Court. He is also to deposit his international passport in the Court. The Court registrar must verify the claims of the sureties. The defence counsel must also sign an undertaking on the appearance of the accused for trial”
Justice Nganjiwa adjourned the case to April 19 for hearing on the application of the Prosecution Counsel to hear Ese Oruru evidence in camera.
While Anata commended the Judge for the insightful judgment, Olaosebikan expressed happiness with the decision to grant Yunusa bail.
Leadership reportage.
Of course those top politicians or Islamic clergy would bail him out how did he get money to hire 3 lawyers in the first place
ReplyDeleteDead judiciary system.what a shame!
Gbam
DeleteI am soo disappointed!
DeleteGrossly so.
This is not fair at all!
Hmmmmmmmmmm
ReplyDeleteFirst of all,, does he have 3m to pay?
ReplyDeleteMany of his people will gladly pay that sum while their Emirate council can easily provide the sureties.
DeleteIts simple and easy to pay that sum. Hope he can still be available when needed.
#whistling
It is a bailable offence so make them rest.
DeleteThis walk out might work against them in future
3m is a small thing for them, even in the mosque he worships, they will raise the money.
Bond
DeleteHmmmmmm! Only in Naija
ReplyDeleteStella, are you surprised?
ReplyDeleteI expected them to have released the pervert since!
There is absolutely no Law in this country.
Parents, better buy strong chain and tie your daughters koz more of this ll happen.
They should be happy for him,Or do they have time to be visiting their inlaw in prison? Remember,they already have a bond.The little girl fuck up.
DeleteYou are a fool Fan Emmanuel. And to think you are a married woman.
DeleteYou are worse than a fool gbogbo senseless girl.My friend as far as this case is involved, you have no choice than to be rational. Believe it or not they already have a bond.A child is on the way,and it will be traumatising to know that his/her father is in prison.
DeleteIt's a bailable offence. If he meets his bail conditions, he's a partially free man.
ReplyDeleteHowever, my guts tells me that Ese Oruru and Yunusa were lovers and she was never abducted.
Why do you guys keep missing the point and repeating the same thing over and over?
DeleteSo if a little girl of say 10 agrees to run off with her lover then the lover is vindicated and absolved of any blame?? He shouldn't be prosecuted??
It is immaterial that she willingly followed him. A minor is incapable of making such decisions.She is still a child and vulnerable so the law protects them till they are adults.
Abduction in her case means he allowed her follow him knowing she's a minor. 23yrs old according to the law shouldn't make any decision on her own without parents. He took her without parents knowledge. This is what Abduction in this case means
DeleteAlso having sex with a minor is statutory rape. That means he has been raping her since.
DeleteYes I tend to believe that they are lovers.
DeleteMy dear! As much as I don't condone the rubbish, but you can see the boy is also young. I'm sure if he wasn't a muslim, this case would have gone unnoticed like the thousands of similar cases that goes on in South South. Abi na who dey give all those small small girls for sapele, warri, ph, ughelli, oley etc belle? Shey na ghost? So many 12 to 15 year old girls are pregnant and have even done multiple abortions in that area.
DeleteMost parents there are failures who care more about gin and fight than their own children.
I see no one is talking about child labour.....abi what was ese doing selling food at her age in a restaurant such that those hausa boys were freely coming to declare love?
Why are some of u guys missing d point???
DeleteIs it intentional? Or u truly don't get it?
I'm still trying to figure out who is paying the fees of lawyers.I heard he hired about 6 lawyers to represent him.I can only hope that justice is served.yours sdkly dazzlinglizzy
ReplyDeletea.k.a EDWIN CHINEDU AZUBUKO said...
ReplyDelete.
These are reasons i wish i could become a lawyer i swear..... Is not injustice is just hw the law works nothing else......
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***CURRENTLY IN JUPITER***
Walk out for what?
ReplyDeleteAmie your baby is cute
DeleteSmh
ReplyDeleteNigeria is doomed
Over 5 lawyers were defending him in court
Who paid them?
Eziokwu, who paid them lawyers?
DeleteHis offence is bailable but NNAMDI KANU is still in prison after meeting his bail requirement.
Nde ojoo
Ese's parents should take solace in their daughter's return. They shouldn't sweat about Yinusa because he will easily meet the bail conditions. His people will pull him out. And that's one thing I really admire about the hausas. They always take care of their own whether rich or poor.
ReplyDeleteThey should just take it to God in prayer or, curse the mofo.
DeleteBi enikan ba Dan wo, ara ni yoo San pa oluwa re. Awon omo irankiran
They parents should go and sit down.
ReplyDeleteTheir daughter won't be in this mess in the first place. if they had done their job as good parents.
Parents of this End time only care about fucking everyday. and producing children they can't adequately take care of.
I really do not understand the laws in this country.
ReplyDeleteWhy would a rapist be granted bail or why is Rape a bailable offence?
This is nauseating.
So the Yellow guy sef has a lawyer?
Odiegwu!
Let's wait and see if he will be able to meet his bail conditions. Then I will know we have a lot of sick people in this country.
"Rape" in any context is an allegation as no one was there present. The "victim's" words against the accused. While it may have been rape, the accused is still qualified for bail until conviction. So really, u can't call anyone a rapist until the court proves him to be one. Emotions and court of public opinion cannot take preeminence.
DeleteAnd this is me talking in general terms here, not about this in particular
Mtchewww.he has been bought over
ReplyDeleteJust Negodi what that parents did, did they expect the court to hang the young man or what?
ReplyDelete* BelieveAll Signing Out*
3million they said? Well the northerners / Muslims got his back
ReplyDeleteThey should thank their stars the judge nor get skan skan. Walking out amounts to contempt of court. Someone should tell them about contempt and the importance of keeping their emotions in check.
ReplyDeleteWere they really expecting them to jail the guy indefinitely? Their attorney should educate them on procedures na. Shuu
DeleteBut wait ooo,dis 3mil 4 bail & others people paid & are still paying,who dey chop dem?Nigeria obodo Nna m.
ReplyDeleteThere is nothing wrong with the court's ruling on the bail application. The injustice will be not granting bail for bailable offences. Like I keep emphasising, you don't bring emotions into law and legal principles. If you aren't vast in legal proceedings, you will end up making erroneous conclusions.
ReplyDeleteNo matter what public opinion is on this matter, the fact remains that it is a constitutional right of every Nigerian citizen facing criminal charges that such a person is presumed innocent until proven guilty. It's now left for the prosecution to do its due diligence by providing his guilt beyond reasonable doubt. The accused is entitled to fair trial, to do otherwise amounts to jungle Justice.
As for the bail bond, the 3 million Naira will not be forfeited unless and until the accused jumps bail. So his sureties are not expected to pay that amount now.
I understand how sensational this case is, especially with the pregnancy of a minor and the alleged conversion to Islam by an adult, the Boko Haram menace has also made most Northerners unpopular. It is somewhat a cacophony of provocative events but we must allow the law take its course.
Until we come to terms with the truth we won't get it right in this case, Ese is in love and with this yellow guy, from the pics of Ese that was first released at the police headquarters where she had a hijab on, her face wasn't that of sum1 that was remorseful, she enjoyed every bit of her stay in kano, children of this generation if not properly trained are like that, girls that are not even upto that age have boyfriends here and there, the parents dint do. Their job of proper upbringing.and for yunusa where he is from he is permitted to marry a girl of that age bracket, so this Language of abduction shud be quashed coz na the girl go find am for kano. Simple,,,,they shud recieve her brideprice already joor. The deed has been done.
ReplyDeleteHmmmm... a lot needs to go down for every Nigerian to be on the same pedestal, vis-a-vis our ideologies, moral compass, beliefs, tradition, spirituality, etc.
DeleteLike I also stated in one of their earlier posts, I said that to Yinusa,this crime is alien to him because he doesn't know any better. He prolly feels like the victim and who can blame him? According to his belief and tradition, he is within his right. Only he didn't understand that he was out of his jurisdiction and hence, couldn't transfer his tradition to someone else. This in fact is Yinusa's crime.
So it's an evolving fundamental issue that is beyond Ese and Yinusa alone. Perhaps their case will trigger a reform. A complete overhaul is needed and it must be tackled from the Nigerian constitution vs the Sharian law or whatever they call it.
Ignorance of d law is no excuse abi u never hear dat word b4? Also does tradition allows a man to steal some1's daughter wit out paying her bride price? I wounder when nigerians will think b4 they speak. It doesnt matter if they where ever lovers. Her parents have right over her and wat he did was rape and abduction of a minor he should be brought 2 justics. This the south and we dont practice sharia law here. As for that 3m the northern ppl will pay it and he will disapper and continue his child abuse on another gal.
DeleteAll these people coming here saying Ese and this guy are lovers are perverts like him too. How can a 23 year old man abscond with a 13 year old girl and people will open their mouth to say they are lovers? what does she know about love? if not for the preversion that has overtaken the world now. I just hope justice is served to serve as deterrent to the many perverts we have in our society now.
ReplyDeleteIt's really sad and shocking dat some people are thinking along dat line.like really???
Delete