The Governor Seyi Makinde-led Oyo State Government, on Tuesday, urged the state high court in Ibadan not to grant bail to the ex-queen of Ooni of Ife, Naomi Shilekunola; Hamzat Oriyomi; and a school principal, Fasasi Abdullahi.
The court had on December 24 remanded the defendants in prison over the death of 35 children during a Christmas funfair they organised in Ibadan, which resulted in a fatal stampede.
The defendants spent both Christmas and New Year’s Day at the Nigerian Correctional Services facility in Agodi.
During Tuesday’s hearing at High Court 8, Ring Road, Ibadan, the defence counsel urged the court to admit them to bail, but the Oyo State Attorney General and Commissioner for Justice, Abiodun Aikomo, opposed the bail requests, claiming that the applicants had not demonstrated sufficient grounds for their release.
“The bail request of the applicants must not be granted by the court,” Aikomo stated. He also countered claims of persecution by the state government, describing them as unfounded.
Previously, the defence counsel claimed that their clients’ detention was unlawful, citing procedural errors and questioning the court’s jurisdiction.
They argued that the “holding charge” used to remand the accused did not comply with Nigeria’s Administration of Criminal Justice Act.
Waheed Olajide, representing Fasasi Abdulahi, principal of Islamic High School Basorun, contended that the arrest was unjustified.
“No formal charge is preferred against the applicant before any court of competent jurisdiction,” Olajide said.
He further emphasised Abdulahi’s poor health condition, stating, “The law makes provision for exceptional circumstances, which include ill health, upon which the suspects can be released on bail. The applicant is battling with his health and needs to be taken care of medically.”
Silekunola’s lawyer, Musibau Adetunmbi (SAN), described her continued detention as unconstitutional.
“Anybody can be detained, but it must be in accordance with the law, irrespective of the offences committed,” he argued. “The applicants are being held in detention pursuant to a holding charge that is not known in the criminal administration of justice.
“Oyo State Government has acted illegally with the continuing detention of the suspects in the prison custody. All the evidence presented by the defence counsel to buttress their case is zero.”
Hazmat’s lawyer, Adekunle Sobaloju (SAN), similarly argued that the detention violated constitutional provisions.
“The holding charge used to clamp the suspects in the prison custody is not known in the criminal administration of justice,” Sobaloju argued.
Justice K.B. Olawoyin, after listening to submissions from both sides, adjourned the ruling on the bail applications till Monday, January 13, 2025.
