The Federal High Court in Abuja, on Friday, admitted a Nollywood actress, Angela Okorie, to a N5 million bail with one surety in like sum for allegedly cyberbullying Mercy Johnson-Okojie, also an actress.
Justice Emeka Nwite, in a ruling on Okorie’s bail application, moved by her lawyer, Earnest Nwoye, held that though the prosecution opposed the request, there was no concrete evidence before the court to prove that the defendant would jump bail if granted.
“Therefore, I am minded to grant the bail in the interest of justice,” Justice Nwite said, saying bail is at the discretion of the court which must be exercised judicially and judiciously.
Therefore, the judge admitted Okorie to N5 million bail with one surety who must depose to affidavit of means and must be a level 13 civil servant.
He said the surety must produce his appointment letter and letter of the last promotion in the service.
The judge ordered Okorie and her surety to submit two passport photographs to the court registrar and that the residence of the surety must be verified by the registrar.
Justice Nwite, who adjourned the matter until March 23 for trial, ordered Okorie to be remanded in Suleja Correctional Centre pending the verification of her bail conditions.
Earlier, Okorie was re-arraigned on a seven-count charge bordering on cyberstalking and criminal defamation, which she was alleged to have committed between 2024 and 2025 in violation of the Cybercrime (Prohibition Prevention, Etc) Act, 2015.
She, however, pleaded not guilty after the seven counts were read to her, and the police lawyer, Victor Okoye, sought a trial date to present their witnesses in court to establish their case against the actress.
Nwoye, who did not oppose Okoye‘s application for a trial date, informed the court of their bail application filed on Jan. 29, which he said had been served on the prosecution.
The lawyer said the appplication prayed the court for a bail for Okorie pending trial.
He urged the court to exercise its discretion in favour of the defendant.
According to him, the defendant is ready to make herself available to stand trial.
“She is a known Nigerian who has no place to hide. Therefore, we urge my lord to exercise the discretion in her favour,” Nwoye prayed.
Okoye, however, opposed Nwoye’s plea for bail.
He said in opposition, a 29-paragraph counter affidavit, dated Jan. 30, was filed and deposed to by ASP Ahmad Umar, a police officer and member of the team that investigated the case.
The prosecutor, who said four exhibits were attached to their application, described Okorie’s bail request as “unmeritorious.”
“I agree that the court has discretion but it must be exercised judicially and judiciously,” he said.
Okoye, who stated that the defendant was earlier granted an administrative bail, said the actress absconded.
“Neither the defendant nor the surety presented themselves when she absconded,” he said.
The police lawyer argued that the Administration of Criminal Justice Act (ACJA) stipulates that where there is clear evidence that a defendant may jump bail, the court is encouraged to exercise caution by refusing such.
Besides, he said the defendant did not respond to their counter-affidavit.
According to him, the offences she is being charged with, some carry three years up to 10 years.
“Therefore, the bail application should be refused my lord,” Okoye said.
But Nwoye prayed the court to discountenance what he called “the misinformation by the prosecution.”
“The law is, the court is bound by his record and that record are Exhibits NPF1 and NPF4 which are documents showing communication between the defendant and prosecutor,” he said
The lawyer argued that contrary to the claim that Okorie absconded, she informed the police that she travelled for medical examination and re-evaluation.
He said the actress communicated this through a letter to the prosecution.
He said there was a medical evidence that the defendant had an ailment.
Nwoye said on the allegation that the surety also refused to show up at their office, the lawyer said the surety spoke with the prosecutor and that was still part of the court record in Exhibit NPF4.
“Opposition to bail the way the prosecution is going, in line with Section 36(6b) of the constitution, will amount to persecution, my lord.
“In the instant case, the defendant is to be prosecuted and not to be persecuted,” the lawyer submitted.
The News Agency of Nigeria (NAN) reports that Justice Nwite had, on Wednesday, ordered Okorie’s remand in the Suleja Correctional Centre, following her earlier arraignment on a three-count charge.
The judge had rejected the oral bail application made by the lawyer, who appeared for Okorie, Alex Ejesieme, SAN, shortly after she pleaded not guilty to the counts.
He then ordered that the mother of one be remanded until Jan. 30 when her formal bail application would be heard.
Click to signup for FREE news updates, latest information and hottest gists everydayAdvertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com