The state high court in Ibadan was urged by the Oyo State Government on Tuesday to deny bail to Hamzat Oriyomi, Fasasi Abdullahi, the principal of a school, and Naomi Shilekunola, the former queen of Ooni of Ife.
Due to a deadly stampede that killed 35 children at a Christmas fair the three of them organized in Ibadan, the judge remanded them in custody on December 24. The defendants spent Christmas and New Year’s Day at the Nigerian Correctional Services prison in Agodi.
The defense attorney asked the court to grant them bail during Tuesday’s hearing at High Court 8, Ring Road, Ibadan, but Abiodun Aikomo, the Oyo State Attorney General and Commissioner for Justice, argued that the applicants had not provided enough justification for their release, saying, “The court must not grant the applicants’ bail request.” Aikomo also refuted allegations of persecution by the state government, calling them baseless.
The defense attorneys had previously contested the court’s jurisdiction and claimed that their clients’ detention was illegal due to procedural errors. They insisted that Nigeria’s Administration of Criminal Justice Act did not recognize the “holding charge” that was used to remand the accused.
Waheed Olajide contended that the incarceration was unwarranted on behalf of Fasasi Abdulahi, the principal of Islamic High School in Bashorun. Olajide stated that no formal charge has been filed against the applicant in any court with the necessary authority.
“The law makes provision for exceptional circumstances, which include ill health, upon which the suspects can be released on bail,” he said, underscoring Abdulahi’s poor health. The applicant requires medical attention because he is struggling with his health.
Musibau Adetunmbi (SAN), Silekunola’s attorney, characterized her prolonged arrest as unlawful. He said, “Anyone can be detained, but it must be in accordance with the law, regardless of the offences committed.”
According to a holding charge that is unknown in the criminal court system, the applicants are being detained. By keeping the accused in jail custody, the Oyo State Government has committed an illegal conduct. The defense attorney’s argument is supported by zero pieces of evidence.
Adekunle Sobaloju (SAN), Hazmat’s attorney, also argued that the detention was unconstitutional.
“In the criminal administration of justice, the holding charge used to clamp the suspects in the prison custody is unknown,” Sobaloju contended.
Judge K.B. Olawoyin postponed the decision on the bail applications until Monday, January 13, 2025, following hearing arguments from both parties.