Senator Misau docked, gets N5m bail over falsehood charge

Andrew Orolua, Abuja.

The Chief Judge of Abuja High Court, Justice Ishaq Bello, on Thursday, granted bail to Senator Isah Hamma Misau (APC, Bauchi Central) in the sum of N5million and two sureties in like sum.

The development was sequel to Senator Misau’s arraignment on Thursday morning on five count criminal charges bordering on alleged injurious falsehood against the Inspector General of Police, Ibrahim Kpotum Idris, former Inspector General of Police and Chairman of the Police Service Commission, Chief Mike Okiro and the Nigeria Police.

According to the charge, Misau had on August 10 in Abuja, made false statement of fact that Police Officers were paying as much as N2.5million each to get special promotion and posting, adding that the allegation was capable of harming the reputation of the IG Idris, Police Force and Police Service Commission. Senator Misau was also accused of disseminating falsehood.

The senator was further alleged to have on October 5, 2017, in Abuja, made false statement of fact to the effect that N10billion was being received monthly by the IGP from oil companies, banks and hotels among others which the federal government said is capable of harming the reputation of the IG, Okiro and the Police

But when the charges were read to Senator Misau, he pleaded not guilty to the offence.

Lawyer to Misau, Mr Godwin Obla (SAN), thereafter moved an oral application for his bail on the grounds that section 393(1) of the Penal Code under which the defendant was charged carried maximum of two years jail term if convicted of the charge.

The senior advocate also argued that section 163 of the Administration of Criminal Justice Act (ACJA), 2015, expressly makes provision for bail of his client.

Obla also argued that section 36 of the 1999 Constitution (as amended) presumed his client innocent. He argued that being a serving senator, his client cannot run away. The senior lawyer also said that his client could not tamper with police investigation having been completed.

Obla said, ” My client cannot also influence the prosecution witnesses who are said to be serving police officers.

But the Director of Public Prosecution of the Federation (DPPF), Saleh Hadi Barnum who led the prosecuting team, raised an objection against the oral application.

According to him, such bail application must be in writing. He , however, said that he would not object to the granting of bail to Misau since the issue of bail is at the discretion of the court.
But in his ruling over the matter, Justice Bello overruled Barnum’s argument where he claimed that court should not entertain oral bail application on the grounds that oral application is also allowed by the law.

Justice Bello further held in the ruling that although Obla applied for bail in self recognizance for his client (a serving senator representing Bauchi Central in the Senate), the rule requires that he provide sureties for the defendant.

The CJ thereafter granted bail to Senator Misau in the sum of N5million and two reliable sureties in the same amount.

Justice Bello later adjourned the trial of the case to November 28 and 29, 2017.

Some of the charges against Senator Misau are, “That you, lsah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about August 10, 2017, at Abuja and other part of Nigeria within the jurisdiction of this Honourable Court, did make a false statement of fact to wit: that police officers pay as much as N2.5million to get special promotion and posting through the Police Service Commission as published in the Daily Trust Newspaper dated August 10, 2017, knowing that such false statement of fact would harm the reputation of Mr. Ibrahim Kpotun ldris (the serving Inspector-General of Police), the Nigeria Police Force and the Police Service Commission and you thereby committed an offence.”