Court Grants Bail To Danfo Driver Over Attempted Murder Of Judge
The Court of Appeal has granted bail to a 32-year-old commercial bus driver charged with attempted murder of a Lagos High Court judge, Justice Ebenezer Adebajo.
Quadri Kasali was first arraigned at a Tinubu Magistrate court, Lagos on March 9 2012 for a charge of alleged attempted murder of justice Adebajo but he pleaded not guilty.
He was denied bail by Chief Magistrate M.A Ladipo who ordered his remand in prison custody.
His bail application before Justice Christopher Balogun of the Lagos High Court was also dismissed on the ground that there was no particular address attached to his bail application and that there was no concrete evidence that he will show up for trial.
Dissatisfied, Kasali through his lawyer, Femi Falana (SAN) appealed against the ruling and urged the Court of appeal to grant him bail.
The appellate court in its ruling delivered by Justice Shagbaor Ikyegh held that the offence of attempted murder with which he was charged was a bailable offence.
The court granted him bail in the sum of N100, 000.00 and two sureties in like sum.
The sureties must have landed property in Lagos State. They are to file an affidavit of means.
The court noted that the appellant is presumed innocent until proved guilty adding that there were no facts in the Counter affidavit of the Respondent (Lagos State) disputing the fact that he is a first time offender
It also held that it is the duty of the respondent to bring facts before the Court that will show that the appellant will not attend his trial and not the other way round.
The Court also quoted from the ruling of the lower Court which stated that the Appellant is likely to be mobile as he is a commercial bus driver, which it found to be perverse and grant him bail on the strength of his supporting affidavit.
Quash The Charge
Meanwhile, Justice Balogun has adjourned till September 20, Kasali’s application to quash the charge levelled against him.
Opposing the application, senior state counsel, Femi Adamson argued that challenging the charge means challenging the powers of the Attorney General.
He urged the court to dismiss the defence counsel’s submission in its entirety because it lacks merit.
According to the charge sheet, Kasali on March 1, 2012 was driving a commercial bus with registration number XA 242 KLK at Moloney St., Lagos Island at 2.20 p.m where he obstructed other road users.
Source: Legit.ng
