Justice Murtala J. Zubair, of the Kaduna State High Court has granted bail of N3 million and two sureties in the like sum to an activist, Mahdi Shehu.
Zubair said the sureties must be renowned clerics.
The judge who granted the bail application on Thursday, said granting or refusal of bail depended largely upon the weight the court attaches to one or several of the criteria open to it in any given case.
According to the copurt, “The mere and unverified statement by the Respondent that if bail is granted, it will jeopardize their case has no probative significance to justify the withholding of bail without substantiating if with evidence.
“In exercising its discretion, the court is bound to examine the evidence before it without considering any extraneous matter. There is no room for the court to express its sentiments. It is a hard matter of law, facts and circumstances which the court considers without being emotional, sensitive or sentimental.
“Generally, the court will always have it in mind that the Defendant is presumed innocent at this stage of the proceedings and that the main function of bail is to ensure the presence of the Defendant at the trial.
“Having listened carefully to the various submissions and considered the documents placed before me and based on the above analysis, I am of the humble view that the applicant has made out a case for his admittance to bail pending his arraignment before a competent judge. This court shall exercise its discretion in favour of the applicant who has sufficiently placed before me facts that he will abide by the conditions if released on bail. There is no proof of evidence before the court. It is for this reason that I shall exercise my discretion in favour of the Applicant and assert that the defendant is entitled to bail.
“Accordingly, bail is hereby granted to the Applicant in the sum of N3,000,000.00 and two sureties in the like sum. The sureties shall be renowned clerics. The defendant shall deposit his international passport and shall not travel out of the country without the leave of the court. The defendant shall also report to the office of the Respondent the first working day of every month. Failure of the defendant to comply with the above conditions he shall remain in custody.”
Shehu was arrested for allegedly sharing a misleading video that went viral, and was on January 2, 2025, taken before Chief Magistrates’ Court (CMC 1) on Ibrahim Taiwo Road, Kaduna, which ordered the detention of Shehu in prison for making a social media post that allegedly threatened national security.
Based on the order, the activist was held at the Kaduna Correctional Service Facility following his arraignment on charges bordering on conspiracy, aiding and abetting terrorism and inciting public disturbances.