Ugolor: Court fixes Thursday for ruling on bail

JETHRO IBILEKE/Benin

Justice Esther Edigin of Benin High court 4 has fixed Thursday, 16 August for ruling in an exparte bail application made by Rev. David Ugolor, who was arrested by the police on July 27, 2012 in connection with the murder of Olaitan Oyerinde, Principal/Private Secretary of Governor Adams Oshiomhole.

The Inspector General of Police, the Nigerian Police Force and the Attorney General of the Federation, are named as respondents in the case No. R/496/2012.

Counsel to Rev. Ugolor, Olayiwola Afolabi who led 12 other lawyers, prayed the Court for an order granting the applicant bail forthwith from the Respondents’ detention anywhere in the Respondent’s custody pending the determination of the substantive suit.

While expressing deep worries over the continued detention of Rev. Ugolor, Barr. Afolabi averred that the respondents have continued to violate the fundamental human rights of the applicant in spite of the parade of the alleged killers of Olaitan Oyerinde by the Department of State Security Service (SSS).

He told the Court that following the parade of the self-confessed killers of Oyerinde in Abuja, he wrote to the Inspector General of Police praying him to release the applicant, adding that Ugolor was a responsible Nigerian with international clout who has not been involved in any criminal activity.

Olayiwola drew the judge’s attention to an affidavit of urgency deposed by the wife of Rev. David Ugolor in the application supported with a medical report that the applicant was undergoing medical attention before his arrest and was in bad state of health in the respondents’ detention.

The motion exparte is pursuant to Order 111 rule 3 and 4 of the Fundamental Right (Enforcement Procedure) Rules 2009, Section 34, 35, 37, 41 and 45 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Articles, 1, 2, 3, 4, 5, 6 and 7 of the African
Charter of Human and Peoples Rights and Under the Inherent Jurisdiction of the Honourable Court.

The respondents were absent from court in spite of the fact that the notice to the motion were properly served by the court and acknowledged by the respondents.

But his wife, Ngozi in an affidavit to support the motion said her husband’s health was deteriorating.

She said her husband could not stand up to eat when she visited him in the police cell.

According to the affidavit, “When I saw the applicant in cell, he is very ill and was unable to eat and could not stand up from the ground where he is lying down in a dirty cell.”

“My husband has been complaining about his chest pains which he went to complain to his doctor before he was arrested and his health condition is deteriorating.”

Justice Edigin subsequently adjourned ruling in the bail application till 16 August.