A State High Court sitting in Ibadan has granted bail to Hon. Olafisoye Akinmoyede, the Chief Whip of the Oyo State House of Assembly, who was linked with the murder of Hon. Temitope Olatoye.
Akinmoyede, through his counsel, Mr Michael Lana, had filed an enforcement of fundamental human right suit against the police for detaining him since March 11 without charging him to court.
Olatoye representing Lagelu/Akinyele Federal constituency was shot dead on during the March 9 Gubernatorial Election around Lalupon motor park, area of Lagelu Oyo State .
Lana had urged the court to declare the continued detention of his client in police custody in Abuja as unlawful and a violation of his fundamental human right.
He urged the court to grant bail to his client pending the arraignment of his client at the court of law.
Meanwhile, the counsel to the respondent, the Commissioner of Police was absent at the hearing.
The presiding judge, Justice Mashud Abass, said that he considered the action of the police as arrogant, unlawful and unconstitutional.
Abass said that all actions of the police must seen to have justification in law and the fundamental right of the applicant must not be restrained by any technicality.
The judge said that the practice of the police making arrest before investigation was not proper.
“The power of the police to arrest and detain is not in doubt but the constitution stipulate that any person detained must be arraigned within 24hours.
“The remand order obtained by the police from an Iyaganku Magistrate court had expired since April 4 and detaining the applicant beyond this period is flagrant disobedient to the constitution.
“Obedient to court order should be the responsibility of all who believe in the stability of Nigeria,” the judge said.
The judge also held that the police had not provided any justification that would warrant the court not to grant bail to the applicant.
In his ruling, the judge held that the applicant should be granted bail with a surety who is blood relation with landed property worth N50 million among others.
The judge said that the other surety should be a civil servant with grade level 14 or member of the state House of Assembly or Federal.
