An Appeal court sitting in Port Harcourt has granted bail to a former chairman of Asari Toru Local Government Chairman in Rivers State, Ojukaye Flag-Amachree.
Ojukaye ,a chieftain of the All progressives Congress is currently facing a two-count charge of murder at a state high court.
The former council boss who has been in prison custody since April this year is alleged to have committed the offence during the 2015 general election in Rivers State
TVC News Uche Okoro reports that Ojukaye Flag-Amachree, has long applied for bail through his lawyers on the grounds of his ill health.
On October the 26th this year, he was wheeled into the courtroom on a stretcher in an alleged state of unconsciousness.
But in spite of this, Ojukaye’s bail application was rejected by Justice Margaret Opara of the River State high court insisting that it was not customary to grant bail in capital offences.
However, Justice A.A Gumel of the Appeal court held that no matter the gravity of the crime an accused person may have committed he can be granted bail on exceptional cases of ill-health according to Section 161 of the Administration of criminal Justice Act l, 2015.
Ojukaye was granted bail to the tune of 10 million Naira with two senior citizens as sureties in like sum.
The accused was also directed to submit his international passport to the Deputy Court Registrar.
Similarly, the appeal court has also set aside an order by the Chief Judge of Rivers state, Justice Adams Iyayi-Lamikanra that Ojukaye Flag-Amachree be remanded in prison custody.
Justice B.A Sangha while delivering the judgment said the Lower court erred by ordering the remand of a suspect who is yet to take his plea.
At the chief judge’s court, the former council boss is facing another 4-count charge of murder and attempted murder also preferred against him by the Rivers state govt.
The rulings of the appeal court led to jubilation amongst supporters of the embattled former council boss and the APC.