Before granting the bail, Chief Magistrate Eneye expressed displeasure over a malicious publication, last week on the arraignment of the EndSARS protester in the court, where he said, what transparent in the open court, were twisted and turned upside down on social media.
Eneye, who drew the attention of lawyers and litigants to the malicious publication, warned that there are laws guiding procedures in court and that any violation of the rule, will lead to contempt of court.
He urged media practitioners to always get their facts accurate in judicial reporting and avoid undue sensationalism and engaging in sub-judice in the matter pending before the court so as not to run foul of the law.
He emphasised on the freedom of expression as enshrined in the 1999 constitution.
He said even dangerous insinuations were expressed against him on the social media, adding that had taken the oath of office and that of judicial matter and that he would perform his job without fear or bias against anybody or group.
The protesters were arraigned on Friday November 6, 2000 by the FCT Commissioner of Police on charges of criminal conspiracy, unlawful assembly and inciting public disturbances, contrary to Section 97 of the Penal Code.
Although, the six defendants pleaded not guilty to the charges, they were ordered to be remanded at Kuje prison pending the time their formal application for bail would be argued.
At the presentation of their formal applications, counsel to the defendants, Mr. Tope Akinyode urged the court to admit them to liberal bail conditions.
The counsel argued the bail application pursuant to Sections 6, 35 and 36 of the 1999 constitution and Sections 156, 163, 164 and 165 of the Administration of Criminal Justice Act 2015.
Eneye, in his ruling, allowed the bail application to be moved in line with the provision of the Abuja Magisterial rules.
He said that the facts deposed to in the affidavit of the defendants, was convincing enough to warrant bail to be admitted to them.
The Chief Magistrate said that Court must not refuse bail to punish the defendants while bail condition must not be too excessive so as not to amount to denial of bail.
Having found merit in the bail application, the Chief Magistrate granted each defendant bail in the sum of N50,000 and one surety in the like sum.
However, the surety must have source of income and must submit passport photograph of his means of identifications to register of the court.
He then adjourned hearing till January 25, 2021.
Reacting to the ruling, the counsel to the defendant, commended the Chief Magistrate for granting his clients bail in the liberal terms and assured that the defendant would not do anything to abuse the bail granted.
Also reacting to the malicious publication, a Senior Lawyer, Mr Olumide Babalola who led the legal team for the defence of the six EndSARS protesters, praised the magistrate for the matured way he handled the offending publication against him.
The lawyer however said that the offending publication did not emanate from any lawyer in the defence of the clients.
By PRNigeria
