*Grants N5m bail
Hammed Shittu in Ilorin
The Kwara State High Court has fixed July 18 for the commencement of the trial in the defamation suit filed by the state Governor, Alhaji AbdulRahman AbdulRazaq, against a governorship aspirant of the All Progressives Congress (APC) in the 2019 primaries of the party, Hon. Moshood Mustapha, and his brother Bolakale Mustapha.
Already, the court has granted bail of N5m and surety to Hon. Moshood Mustapha and his brother, Bolakale Mustapha.
The defendants were dragged before Justice Abdulmahmud Gafar over the weekend on a five-count charge by the people of Kwara State on the alleged defamation statement against the state governor, Alhaji AbdulRazaq, offences of perjury and inciting public disturbance.
According to the charges before the court, the defendants were alleged to have uploaded and published a five-minute, forty-one-second video that was likely to disturb public peace.
The first defendant, Bolakale was also alleged to have filed an action against the governor at the Federal High Court on a false allegation.
The charges further revealed that the 2nd defendant, Mashood uploaded the video containing abusive, insulting, and derogatory language against the governor of the state, Mallam Abdulrahman Abdulrasaq.
The prosecution team, headed by the Director of Public Prosecution (DPP), Ayoola Muhammed Akande, prayed the court to remand the defendants in the correctional custody on the basis that the bail application for the defendants earlier filed before the Court was not ripe enough for hearing, adding that the alleged offences against them is not ordinarily bailable.
He added that “one of the offences for which they were charged carried 14 years jail term.”
The lead counsels representing the defendants, Kayode Olatoke SAN and Moses Ebute SAN, in their separate submissions, urged the court to discountenance the prosecution’s prayers, arguing that their client’s alleged offences are bailable.
They prayed the Court to grant the two defendants bail in liberal terms, arguing that they are well known people in the state and they are ready to provide suretee that will stand for them before the Court.
The court, in its short ruling, admitted that the offences against the defendants are bailable and granted them bail in the sum of 5million Naira and a surety while the matter was adjourned to the 18th of next month.
Speaking with newsmen after the judgment over the weekend in Ilorin, one of the lead counsels to the second defendants, Moses Ebute (SAN) alluded that “ordinarily, the case was a bailable offense and the honourable judge in his wisdom has graciously granted our client bail with bail conditions being fulfilled.
“Although, we indicated to the Court that we were ready to go on with the trial immediately but the prosecution wanted a date, probably to get their house together, so, we will come back on the 18th of July to commence the trial.”