A Rivers State High Court, sitting in Port Harcourt, has denied bail to a former chairman of Khana local government area of the state, Sunny Bekanwah, who is standing trial for alleged sponsorship of cultism and murder of one Dr. Lucky Kinain.
The trial judge, Hon. Justice Daketima Kio, declined the bail while ruling on the bail application instituted by Bekanwah, in his bid to secure temporary freedom while his trial continued.
It would be recalled that Barikui Henry Deele and Bekanwa were arrested and charged to court following the confessionary statement of a suspected cultist, who had fingered the duo in their activities.
The Commissioner of Police in the state had instituted the case in suit number PHC/3474/CR/2023, against the duo with Barikui Henry Deele as first defendant and Sunny Bekanwa as second defendant before Justice I.B.C. Igwe.
Counsel for Bekanwah, Kennedy Amos Simeon, had applied for bail of the defendants before Justice Igwe.
In the quest to secure freedom for the accused persons, their counsel dragged the Rivers State Government (Attorney General of the State) and the Inspector General of Police to another court of coordinate jurisdiction with the trial court, with a bail application, stating that Bekanwah was not properly arraigned.
However, delivering his ruling in Port Harcourt on Tuesday, Justice Daketima Kio denied the bail to the former local government chairman.
Kio noted that the bail was to grant a temporary freedom to an accused person, until the case against him is dispensed, adding that the locus of bail has become more liberal and that the application of bail is changing.
He noted that a police report presented to the court revealed that both suspects have something in common as regards the cult activities in Kpea community.
The judge noted that ill-health of an accused was enough for consideration of the bail of an applicant, but that the applicant has not been able to prove that his ill-health and that there is no facility to take care of him within the correctional centre.
Kio expressed surprise on how the applicant presented himself to a medical doctor and obtained a doctor’s report sent to the court when he was in the Correctional Centre.
He said the applicant has not been able to present that the ailment he alluded to is one that cannot be managed in any hospital around the facility.
Kio asserted that the prosecution has not been delayed and the applicant abandoned the prison for more than a year, noting that the matter was only brought to court on November 8, adding that he cannot give the bail.
He said: “I am not also satisfied of the ill-health of the applicant. The applicant has not shown that there are no medical facilities for chest pain, heaviness, dizziness.
“The medical document is dated 16th of November, as at when the applicant is supposed to be at the Correctional Centre, Port Harcourt. It is now shocking how the applicant presented himself to the medical officer.”
Speaking outside the courtroom, Pastor Chigozirim Nwaodu, who is watching brief of the complainants, Prof, Patrick Nwinyikpugi and Vincent, expressed satisfaction with the decision of court.
