The accused persons standing trial include Moses Augustine, Abubakar Tugaga and Mohammed Yahaya.
When the case came up, counsel to the accused persons, Chief Dafe Abobo, urged the court to grant the applicants bail pending the determination of the substantive case.
He said the motion was brought pursuant to the provisions of section 341(2) of the Criminal Procedure Code and section 35(1) and section 36(5) of the 1999 constitution.
The counsel noted that when a person’s liberty has been curtailed as against section 35(1) of the 1999 constitution, it is the duty of the curtailing authority, in this case, the prosecution “to justify such an infraction”.
Chief Abobo also pointed out that there is the discretion of the court to grant bail when the conditions stipulated therein have been satisfied by the applicant.
But the prosecution counsel, Dahiru Danjega Tambuwal, opposed the application noting that Section 341 of the Criminal Procedure Code which the applicants relied upon is to the effect that persons accused of an offence punishable with death, such as in this case, shall not be released on bail.
The persecution counsel also observed that releasing the applicants at this point in time will jeopardise the efforts of the prosecution as well as that of the police.
The presiding Judge then fixed July 14, for ruling on the bail application and continuation of the substantive case.