Adeleke gets N2m bail in fresh certificate forgery charge

By Andrew Orolua, Abuja

A Magistrate Court in Mpape, a suburb of Abuja, the Federal Capital Territory (FCT) on Tuesday admitted Senator Ademola Adeleke to bail in the sum of N2 million after he was docked by the police for certificate forgery.

Adeleke, who contested the Osun state governorship election in 2018 under the Peoples Democratic Party (PDP) was declared the winner of the election last month by the Osun state Governorship Election Petition Tribunal.

While the Court of Appeal reserved its judgment on the appeal challenging the tribunal’s verdict, the police on Tuesday arraigned Adeleke before the magistrate court on a five -count charge bordering on alleged false statement and forgery.

He pleaded not guilty to all the five- count charge and his lawyer, Prince Adebiyi Adeyosoye accordingly move an application for his bail. Although, prosecution counsel opposed the application on grounds that the defendant did not show evidence of his ill -health, however, Magistrate Mohammed Zubaru, in his ruling held that he was mindful to grant the bail application.

As part of the bail conditions, the court ordered Adeleke to produce a surety in like sum, who must be resident within the court’s jurisdiction.

Earlier on May 6, Adeleke was detained by the police at its headquarters in Abuja, where he had gone to submit himself for interrogation in line with an order of a Federal High Court, Abuja.

The police after interrogating him brought the senator to the Mpape Magistrate Court for arraignment on the allegations of forgery. When the suit marked CR/26/19 was called, Adeleke’s lawyer, Adeyosoye, told the court that it would be impracticable for the court to proceed with the arraignment on the grounds that the defendant is already standing trial on the same charge in two different high courts.

He submitted that to proceed with the arraignment would amount to abuse of court process and further told the court that Justice Inyang Ekwo of the Federal High Court, Abuja, had on May 3, granted Adeleke permission to travel abroad for medical attention while ordering the police not to hinder Adeleke from embarking on his medical trip scheduled for yesterday.

The lawyer also presented before the court another order of a high court in Osun, which specifically ordered the police not to arrest or prevent Adeleke from traveling abroad for medical attention.

The two court orders were tendered and admitted in evidence as exhibit A and A1 and the lawyer accordingly, urged the court to adjourn indefinitely pending the hearing and determination of the two main suits.

Responding, the defence counsel, Simon Lough, opposed the application for adjournment on the grounds that the orders of the court on which the application was predicated did not say that the defendant cannot be arraigned. In addition, Lough informed the court that the complainant had already filed an appeal against the orders of Justice Ekwo of the Federal High Court.

He therefore, urged the court to dismiss the application and order the defendant to take his plea.

Ruling on the application for adjournment, Magistrate Zubaru ruled that by the hierarchy of court, the magistrate court is bound by the orders of high court and further ruled that the court cannot stop the defendant from enjoying his fundamental rights as ordered by the high courts.

However, Magistrate Zubaru declined to adjourn the matter indefinitely on the grounds that nowhere in the two orders of the two high courts was the police ordered not to arraign the defendant.

He subsequently, ordered that the charge be read to Adeleke for him to take his plea. The matter has been adjourned till June 24 for commencement of trial.