3 Persons Charged For Robbery  Refused Bail Despite Counsels'  Objections

Mr. Nekabari Serewo, 30, Kaagebari Idemyor 31, and Tordum Diigbo, 25, all male charged for robbery at the Magistrate court, Bori since December 30th, 2011 have been refused bail despite pleas by their counsel that they be granted bail.

The accused charged on five (5) counts charge on charge sheet No. OMC/247C/2011 had pleaded not guilty to the charges and their counsels had taken a cue from there to plead that they should be released on bail as their crime was not a capital offence.

Counsel for the first accused had for instance, submitted that by provisions of section 118(2) of the CPL, the court had an unfettal jurisdiction to admit the accused to bail in all the five (5) count charges notwithstanding that he was charged with an offence of robbery. He argued that robbery is not a capital offence punishable by death while making references to some cases like that which attracted bails. Counsel to the 2nd and 3rd accused concurred with him, but the prosecution said they were leaving the issue to the discretion of the court.

Ruling however, the Chief Magistrate, A. A. Ebe Esq said although, he was moved by the submission of the defence counsels with respect of the power of the court to grant bail as the offence was not a capital one, he was handicapped by the fact that the court had not gone through the authorities cited by the accused counsel and so could not grant their requests, deferring final ruling until January 10, 2012.###