From Blessing Douglas, Port Harcourt
Justice Daketima Kio of Rivers State High Court in Port Harcourt has denied bail to a former Chairman of Khana Local Government Area, Sunny Bekanwah, who is standing trial on alleged sponsorship the murder of Dr. Lucky N. Kinain.
The matter registered in suit no. PHC/43/BA/2023 also accused Bekanwah of alleged involvement in cultism.
It would be recalled that Barikui Henry Deele and Bekanwa were arrested and charged to court following the confessionary statement of a killer cultist, who had fingered the duo in their activities.
The Commissioner of Police in the state had instituted a 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 on the grounds that the suspects were in, on the basis of allegation, although the court was indifferent to the bail application.
In the quest to secure freedom for the accused, Bekanwah, Simeon, his 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 yesterday, Justice Daketima Kio, denied bail to the former local government chairman.
Kio noted that bail is the grant of 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 is enough for consideration of the bail of an applicant, but that the applicant has not been able to prove that of his ill-health and that there is no facility to take care of him within the correctional centre.
Kio expressed curiosity 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 court room, Pastor Chigozirim Nwaodu, who is watching brief of the complaints, Prof, Patrick Nwinyikpugi and Vincent, expressed satisfaction with the decision of court.
