A Delta State High Court in Asaba has granted bail to four former police officers standing trial over the death of Oghenemi “Mine” Ogidi, who was fatally shot in Effurun, Delta State.
The court, however, refused to grant bail to the first defendant, Assistant Superintendent of Police Usman Nuhu, popularly known as Ogbegbe, who will remain in custody.
The ruling came on Wednesday after all five defendants completed their defence in the case arising from the April 26 shooting.
Presiding judge, Justice Michael Obi, approved bail for Onoloko Dauroupamo, Okoh Kelechi, Goodluck Kingsley and Omonigho Ahweyevu, who were the second to fifth defendants.
The four men were formerly attached to the Anti-Crime Squad led by Nuhu at the Effurun Area Command. Police authorities dismissed them following the incident.
Speaking after the hearing, counsel to Nuhu, Uche Chibuogwu, said he chose not to seek bail for his client, citing security concerns and the seriousness of the murder charge.
“Today, we opened our defence for the first defendant, and we concluded our case. The second, third, fourth and fifth defendants’ counsel did the same, too. The second to the fifth defendants were granted bail because bail applications were filed on their behalf,” he said.
Chibuogwu maintained that applying for bail for Nuhu was not considered necessary because of the circumstances surrounding the case.
“We did not find it necessary filing bail application for the first defendant, one, for his own safety, and secondly, this is a capital offence — offence of murder,” he said.
The lawyer acknowledged the loss experienced by the deceased’s family and friends, noting that the pursuit of justice must consider all parties involved.
“Like I said on the 6th of October, the victim, the deceased person, has family, has friends. So, justice is for the deceased, for the society, and for other defendants. Justice should be for all. And this court is a court of equity,” he said.
He added that despite the difficulty of defending a client in such a case, he was obligated to fulfil his professional and constitutional responsibilities.
“For the deceased person, like I said earlier, it’s quite unfortunate. And this defence is a difficult one for me, but I have to do my constitutional duty as a lawyer,” he said.
The court imposed conditions requiring the four defendants to produce sureties residing within its jurisdiction. The sureties must also provide valid tax clearance certificates, evidence of tax payments for three years and their National Identification Number cards for deposit with the court.
The matter was adjourned until November 17, when both parties are expected to present their final written addresses ahead of judgment.
Prosecution Gives Reason for Bail
The Delta State Director of Public Prosecutions, Tejiri R. Anuwhin, who led the prosecution, confirmed that the five defendants had concluded their defence.
He said the prosecution had earlier closed its case after presenting six witnesses, while the defendants subsequently testified and called a witness in support of their defence.
According to Anuwhin, the four defendants were granted bail because the offences they faced were related to negligence and attracted a maximum prison sentence of six months.
He also noted that they had remained in detention since June 1, meaning the period already spent in custody was a factor in the court’s decision.
“So ordinarily, if they were found guilty, they would have almost served that term of imprisonment,” he said.
The DPP explained that the court required each defendant to provide a suitable surety with a N2 million undertaking, a National Identification Number and residence within the court’s jurisdiction.
The parties are expected to return on November 17 to adopt their final written addresses, after which the court will fix the matter for judgment.
Odogwu Asaaba Denies Rape, Manslaughter Charges
In a separate case before Justice Obi, content creator Ifeanyi Ogbonna, popularly known as Odogwu Asaaba, pleaded not guilty to charges of rape and manslaughter in connection with the death of Favour Agbro.
The Delta State Solicitor-General, Omamuzo Erebe, SAN, appeared for the state.
The court adjourned the case until October 28 for the commencement of trial.