A Zuba Upper Area Court in Abuja, on Monday ordered that a businessman, Chibuike Eke, be remanded in prison pending bail application over reckless driving causing the death of a policeman.
Eke, 36, who resides in Gwarinpa village, Abuja is charged with reckless driving and causing death.
The judge, Alhaji Gambo Garba, ordered that Eke be remanded at the Suleja Prisons until July 10.
Garba ordered the defence counsel to file a written bail application and also for the prosecution to file his arguments.
Earlier, the Prosecution Counsel, Mr Chinedu Ogada, told the court that Eke committed the offence on May 30 along Third Avenue road by evenly garden Gwarinpa Estate Abuja., while allegedly driving his Mercedes Benz 240 with registration number AGL 872 DJ, dangerously without considering other road users.
He alleged that Eke knocked down Samaila Garba, a police sergeant attached to the Gwanripa Division while performing his lawful duty in Gwarinpa Estate.
The prosecution added that the offence contravened the provisions of Section 27 of Road Traffic Act.
However, Eke, a resident of Gwarinpa village, pleaded not guilty as charged.
Ogada begged the court to grant him date to open his case against the defendant.
Mr Sunday Elias, Counsel to Eke, made an oral application for the bail of the defendant, citing Sections 35 (4) and 36 (5) of the 1999 Constitution.
Elias also cited Sections 158, 161 and 165 (2) of the Administration of the Criminal Justice Act.
He also told the court that the defendant will not jump bail nor intimidate the witness in any further investigation in the case.
The prosecutor, however, opposed the application, saying that the defendant would escape prosecution if granted bail.
Ogada begged the court to look at the nature of the offence, adding that the offence involved the death of a police man on duty.
He told the court to remand the defendant, at least for his protection to enable him face his case.
Responding to the prosecutor, Elias, Counsel to Eke, begged the court to use its discretion to grant bail in favour of the defendant.
“The defendant is a family man, a breadwinner of his family and has being on police administrative bail.
“He is a first-time offender and needs time with his counsel to prepare for his case,’’ he said.
Elias informed the court that remanding the defendant in custody is not form of protection and that an accused person is presumed innocent until he is proven guilty, NAN reports.
Comentarios