The Chief justice of Kogi State, Justice Nadir Ajanah, who presided over the proceedings on Friday, said that in view of the critical health conditions as espoused by the counsel to the applicant, he should be moved to the National Hospital, Abuja, for proper medical attention. Dino Melaye at the National Hospital, Abuja under the custody and supervision of the police.
Ozekhome, a Senior Advocate of Nigeria, SAN, while speaking with Premium Times, said the decision of the court was for the Inspector-General of Police to "take adequate care of the defendant".
The prosecution, led by Theophilus Oteme Esq, OC legal of Kogi Police Command, in its motion sought that the lower court ruling be varied and the defendant be remanded in prison custody as originally sought.
The judge however said he couldn't grant the bail application now because the respondent has to be served.
He, however, conceded that it was only a fit person that could stand trial, saying, "infact, that is why it is called, Standing Trial".
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However, the senator's counsel, Mike Ozoikeme, while objecting to the prayer of the prosecution, moved for Melaye's bail citing Section 97 Verse 2 of the Penal Code and Section 56 of the Kogi state Administration of Criminal Justice Law which held that the offences were bailable.
The matter was subsequently adjourned till Monday, May 7, for parties to argue for the bail condition of Melaye.
He was brought to the court on a six-count charge that bordered on illegal possession of fi rearms, criminal conspiracy and illegal transfer of fi rearms.
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