Court Admits Former FCT Minister, Bala Mohammed to N500m Bail
A High Court of the Federal Capital Territory (FCT) sitting in Gudu district, Abuja on Friday admitted former Minister of the FCT, Senator Bala Mohammed to bail in the sum of N500m and two sureties in like sum.
Justice Abubakar Talba in granting him bail said one of the two sureties must be a senator, while the other, a Federal Director.
In addition, all the sureties must have landed property in the Federal Capital Territory with a Certificate of Occupancy as well as evidence of payment of tax in the last three years.
The judge also ordered that the applicant deposits his international passport with the registrar of the court.
Justice Talba who granted the bail application in his ruling asked both the prosecution and defence counsel to agree on the bail conditions.
This, the judge explained, was to strike a balance in the light of their different positions.
Justice Talba said; 'It is trite that no matter the gravity of the offences, an accused person is assumed innocence until proven guilty under our laws. Bail is a constitutional right and the purpose is not to set an accused person free but to grant him liberty to enable him attend trial.
“Although the prosecution has urged the court to consider the gravity of the offence as well as issues raised in the counter affidavit. It is my view that such issues will be considered in the hearing of the substantive matter. I am satisfied that the applicant has placed sufficient materials to warrant court to exercise its discretion in his favour.
"Accordingly, his application is hereby granted. However, the terms of conditions for his bail should be negotiated between the prosecution and defence.
This is in order to strike a balance of the case because the prosecution had argued that if the court is mindful to grant bail, it should come with some stringent conditions while on the other hand, the defence counsel urged that the bail should be on self- recognition."
After stating this, the court stood down for 30 minutes to allow the prosecution and defence counsel to agree on workable bail terms.
Justice Talba on resumption, adopted the bail conditions agreed upon by counsel as the ruling of the court.
He further adjourned trial to July 4, 2017. Bala Mohammed was ar- raigned on a six- count charge by the Federal government on allegations of receiving gratification when he was minister of the FCT.
He pleaded not guilty to the charges and his lawyer accordingly applied for his bail.
The court however, remanded him in prison custody pending the ruling on his bail application yesterday.
The former Minister who pleaded not guilty to all the charges described his trial as politically motivated.
In moving the bail application, Bala's counsel, Chief Chris Uche SAN, urged the court to release his client on bail pending his trial.
The bail application was brought under section 35(1) & (4) and 36 (5) and (6) of the 1999 constitution and section 158, 162, 163 & 165 of the Administration of Criminal Justice Act 2015.