Usman Olanrewaju Bolakale V. The State (2005)

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MUNTAKA-COOMASSIE, J.C.A.

The appellant, with three others, were arraigned before he Chief Magistrate’s court for cognizance on an allegation of, to Wit:

“On Monday 12th July 2004, authorities of the University of Ilorin reported that you Kayode Adeniyi a.k.a Blank Jesus, Gospel Selepire Ogona, Oladipo Oluwole Eniola and Usman Olanrewaju Balakale conspired together and found a Society-Black-Axe- not registered or known to the University of Ilorin, a society that is prohibited (sic) and you thereby committed an offence contrary to section 7 of Secret Cults and Secret Societies in Educational Institution Law 2004”.

Upon the arraignment of the accused persons in court, this 4th accused person/appellant applied to be admitted to bail, by the Magistrate Court. The application was turned down. The appellant therefore filed an application before the High Court of Justice Ilorin, hereinafter called the lower court for the following prayers:

“Leave and order of this Honourable Court to admit the 4th suspect/applicant to bail pending the determination of this case”.

The application was supported by a 24 paragraph affidavit sworn to by the father of the applicant. The germane paragraphs of that application are herewith reproduced as follows:

8. That the applicant since the period of his detention at the State Security Service (S.S.S) headquarters Ilorin and subsequent remand at the Federal Prison Yard Oke Juru Ilorin between the 12th day of July 2004 and to date has been afflicted with various sicknesses necessitating quick and adequate medical attention.
9. That prior to his detention whenever the applicant is afflicted, he is normally subjected to both orthodox and/or traditional treatment on the hands of a native doctor at Ogbomosho in Oyo State whom he visits once every month.
10. The applicant being a certified sickler in the circumstance referred to above will have his deplorable health condition further worsened if he remains in detention without recourse to the monthly traditional treatment he normally observes as the prison authorities’ medical treatment has so far proved insufficient and inadequate.
11. That the 4th suspect/applicant will not jump bail if granted.
12. That the investigation of this case by the police will not be interfered with as the applicant is not in a position to interfere with police investigation.
13. That the 4th suspect/applicant will not commit any further offence if granted bail.”

The respondent filed a counter affidavit dated 18/8/2004 and the main thrust of the objections are contained in paragraph 8 of the counter-affidavit as follows:

“8. That I was further informed by the DPP in the circumstances aforesaid in paragraph 7 and I verily believed her as follows:

(a) That medical facilities and qualified medical personnel are available in the prison to those in custody;

(b) That the prison authorities do give adequate medical attention to those in custody and further undertake to make the service of any medical personnel available to the accused person;

(c) That investigation into the case is still in progress as most of the other cult members mentioned by the accused person are still at large.

(d) That the applicant will likely commit other or similar offences if released on bail.

(e) That the applicant will likely interfere with the investigation if granted bail.

(f) That the interest of justice will be better served if this bail application is refused”.