BENIN CITY: Justice R.A. Ogbevoen of an Edo State High Court, sitting in Benin City on Thursday declined a request by the Department of State Services (DSS) to remand Osaze Adun, popularly known as “Kapuepue,” in a correctional facility for 14 days pending legal advice from the Department of Public Prosecutions (DPP).
The DSS, applicant in the suit, through its counsel, H. George had filed an ex parte motion seeking an order to remand the defendant, Osazee Adun in the custody of the Correctional Centre for two weeks pending the DPP’s advice ahead of his formal arraignment over the alleged assault of Dr Pedro Obaseki in Benin City.
This was supported by a petition, a written address and an 18 paragraph affidavit by one Jack Amadin, an officer of DSS.
When the case was called, counsel to the DSS urged the court to grant the remand application pending further prosecutorial action.
However, leading the defence team, Olayiwola Afolabi (SAN), supported by Collins Ogiegbaen and five other counsel, argued that the alleged offence was bailable and urged the court to uphold the defendant’s fundamental right to liberty.
He acknowledged that bail remained at the discretion of the court but pleaded that it be granted in the interest of justice.
In his ruling, Justice Ogbevoen admitted the defendant to bail in the sum of N5 million with one surety in like sum who must be a house owner
The surety must reside within the court’s jurisdiction and be a civil servant not below Grade Level 12.
The court further directed that the defendant to present his passport size photograph and that of his surety and is to come to court every last Friday of the month to sign the court register pending the issuance of legal advice by the DPP.
