The accused persons are standing trial on seven counts bordering on criminal conspiracy and unlawful possession of firearms.
The offence is contrary to Section 97 (1) of the Penal Code and Section 27 (1) (a) (1) of the Firearms Act CAP P28, Laws of the Federal Republic of Nigeria, 2004.
Melaye, who was granted bail by an Abuja Magistrates’ Court, on Wednesday, after his arraignment on charges bordering on attempted suicide and escape from lawful custody, was brought into the court premises in a police ambulance marked, NPF 2214D, at exactly 9.15am, to face charges of criminal conspiracy and unlawful possession of prohibited firearms, kidnapping, armed robbery, murder, political thuggery and other violent crimes in Kogi State.
Before the commencement of his arraignment, pressmen were ordered out of the courtroom, but about four of them were later allowed in.
Controversy, however, arose as to which police custody should the senator be kept, even as his counsel was heard expressing fears that his client “will be killed,” if remanded anywhere in Kogi State.
Earlier, the lead counsel for the prosecution, Dr. Alex Izinyon (SAN), had urged the court to remand the other defendants, Kabiru Seidu, 31 and Nuhu Salihu, 25, in the police custody.
The senior advocate said this was to assist the police in furtherance of their investigations.
He, however, pleaded that Melaye should be remanded in prison custody because he was influential and could jeopardise investigations.
He pointed out that the minimum sentence upon conviction was 10 years imprisonment under the Firearms Act.
But Chief Mike Ozekhome (SAN), leading six other lawyers for the defendants, in his oral application, prayed the court to grant bail to the senator.
He said the senator should be granted bail because he was asthmatic and sick and needed more medical attention.
Ozekhome said Melaye was only on Wednesday granted bail by a court in Abuja in liberal terms and had been in police custody.
The senior advocate said it was discriminatory for the prosecution to ask the court to keep other defendants in the police custody and ask that the senator be remanded in the prison custody.
“We can apply for bail for this traumatised senator of the Federal Republic of Nigeria lying here before your lorship on a stretcher.
“Melaye here is not charged with murder in this case; the senator who is seen every day on the floor of the Senate making laws for the country, will stand his trial.
“To send him to prison is to encourage him to breach the bail condition granted him yesterday.
“I humbly urge My Lord to grant bail on self-recognizance to the fourth defendant because he will not jump bail; he will stand his trial and meet the bail conditions,” Ozekhome said.
In his ruling, the magistrate, Sulyman Abdullah, said the essence of bail was to secure the attendance of the defendant before a court of competent jurisdiction.
“However, this application is not granted as a matter of course. It is anchored upon certain timed-honoured principles of the law that would guarantee the production and appearance of the defendant.
“The court however has a grave responsibility to exercise such discretion with utmost caution and to act within the accepted principles of administration of justice.
“Having gone through all the submissions of counsel in respect of this oral application, I decline to exercise my discretion in favour of the fourth defendant; the oral application is accordingly refused,” he said.
Abdullah further ordered the Inspector-General of Police to furnish the senator with all medical needs he required and adjourned the case until June 11, for mention.
Reps, Falana lambast police for arraigning Melaye on stretcher
The House of Representatives and a human rights lawyer, Mr. Femi Falana (SAN), have lambasted the Nigeria Police for arraigning Senator Dino Melaye in court on a stretcher.
Falana said in a statement on Thursday that the degrading and humiliating treatment meted out to Melaye was a violation of his fundamental human right.
The senior advocate said, “The arraignment of Senator Dino Melaye on a stretcher in Abuja on Wednesday and Lokoja on Thursday morning is unacceptable in a civilised society.
“It is particularly degrading and humiliating as it violates the fundamental right to the dignity of his person guaranteed by Section 34 of the constitution and Section 7 of the Administration of Criminal Justice Act, 2015.”
Falana, however, stated that Melaye’s ordeal was a reflection of the suffering ordinary Nigerians faced in the hands of security agents on a daily basis.
He, therefore, called on the National Assembly which had protested against Melaye’s arrest, to use the opportunity to call on the relevant agencies to turn a new leaf.
The activist said the National Assembly should give equal attention to the leader of the Islamic Movement of Nigeria, Sheikh Ibrahim El-Zakzaky, and a former National Security Adviser, Col. Sambo Dasuki (retd.), who have both remained in custody for nearly three years despite several courts granting them bail.
Falana added, “Even though the senator has my sympathy, it is indistinguishable that he has only been given a little dose of the humiliating treatment that is daily meted out to the flotsam and jetsam of our unjust society by the Nigeria Police Force and other law enforcement agencies in Nigeria.
“Therefore, the senator’s case should not be treated in isolation by the Senate and the bourgeois media. While the solidarity of the federal legislators with Senator Melaye is understandable, the tragic turn of events calls for sober reflection.”
Meanwhile, the House of Representatives on Thursday issued stern warnings to security agencies, particularly the police, over Melaye’s life.
Melaye, who represents Kogi-West Senatorial District, was said to have been driven in a police ambulance from Abuja to Lokoja on Thursday.
He was taken on a stretcher into the Federal High Court in the town, where he was arraigned over gunrunning allegations by the police.
The senator was later reminded in custody till June 11.
But the House said in Abuja that the sight of Melaye on a stretcher was that of a sick man who needed medical attention.
The House’ reaction came after a member from Kogi State, Mr. Karimi Sunday, raised a point of personal explanation on the floor to bring the “plight” of Melaye to the attention of members.
Sunday had alleged that Melaye was being persecuted by the Kogi State Government because of his strong views on certain issues affecting the state.
He stated, “Melaye is facing persecution from the state government because of his beliefs. We must do all that is within our constitutional powers to ensure that the rule of law prevails. What is happening to Melaye today can happen to any of us tomorrow, if we keep quiet.”
The Speaker, Mr. Yakubu Dogara, while ruling on the matter, said the House was satisfied with the steps taken so far by the Senate and was behind the upper chamber.
Dogara added, “All I can say at this point is that nothing must happen to Senator Melaye. If any law has been breached, the police must ensure that his life should be secured first.If anything happens to him, the security agencies will be held accountable.”