By Adeyinka Adeniran
Justice K. B Olawoyin presiding over Court 8, Oyo State High Court, Ring Road, Ibadan has fixed Monday, January 13, 2025 to deliver his ruling on the bail application filed by Olori Naomi Silekunola, Alhaji Oriyomi Hamzat and Abdulahi Fasasi.
Olori Naomi is the ex-wife of the Ooni of Ife, and runs Wing Foundation, an NGO. Hazmat is the proprietor of an Ibadan based radio station, Agidigbo FM while Fasasi is the Principal, Islamic High School, Bashorun, Ibadan
The trio are facing trial following the death of 35 children as a result of stampede at Islamic High School, Bashorun, Ibadan. The event was organised by Naomi’s Wings Foundation while Oriyomi Hamzat radio station, Agidigbo FM promoted the event massively.
The applications for their bail were heard at Oyo state High Court, Court 8, Ringroad, Ibadan on Tuesday.
Counsels to the suspects had filed summon of application for bail before the Court.
The suspects are currently being remanded at the Nigerian Correctional Centre Agodi, Ibadan.
Fasasi was represented by Waheed Olajide, Ex-queen Naomi was represented by Musibau Adetunmbi (SAN) and Hamzat was represented by Adekunle Sobaloju (SAN).
The cases were argued separately by the counsels in a proceeding that lasted over five hours.
The state had also filed a counter application against the bail of the suspects.
The state Attorney General and Commissioner of Justice, Mr Abiodun Aikomo led top officials of the Ministry of Justice in the prosecution.
All the Counsels in their separate arguments told the court why their clients should be allowed to enjoy their freedom, noting that there are no sufficient evidences before the court to warrant their confining to prison custody.
Making his submission in court, lawyer to the school principal, Waheed Olajide argued that the Applicant is entitled to be granted bail as he is being held against the provisions of the law.
He established provisions of section 36 of the 1999 constitution with emphasis on presumption of innocence and section 291 of the ACJL 2016 on the special circumstances that empowers the court to grant the Applicant bail contrary to the prayers of the prosecution.
He tendered various exhibit to show that the Principal was not the consenting and approving authority of the usage of the school as the venue of the event.
But, countering the argument, the State Prosecution faulted the applications noted that the incident has sent the state to the global map for notorious reason.
He argued that everyone knows that government is bureaucratic in its operations, pointing out that of all the evidences tendered by the Applicant, there was no document portraying government approval for the use of the facility.
Justifying the opposition to his bail application Aikomo maintained that the Applicant has not put before the court any approval for the use of the school, granted by the state government.
Also in his defence of the bail application of the ex-queen (Second Applicant), Musbau Adetunbi, SAN cited the various discrepancies in the applications by the prosecution, saying the confusions will not help the case.
He argued that although, any person can be detained, such must be done within the provisions of the law, stressing that the conditions under which the Applicant was held was not constitutional.
According to the learned Silk, the prosecution was suppose yo give grounds to the Magistrate to justify the continue holding the Applicant. He added that evidences abound that the government was duly notified of the event
But, the AG in his argument against the bail application said as noble as the intention of the organisers, the fact that it led to the death of innocent lives requires that they be held accountable.
He said the Magistrate ordered that the applicants be remanded and requested for advise from the DPP, adding there was nothing anomaly with the arrest and detaining of the Applicant, thereby refusing the bail application.
Furthermore, Adekunle Sobaloju (SAN) in arguing the bail application of Oriyomi Hamzat said the counts on which the Applicant was detain were bailable.
He said contrary to the charges, both Count 1 and 2 in the sheet were both felony while also faulting the evidences tendered by the Prosecution to refuse the bail application of the proprietor of the Ibadan based radio station, Agidigbo FM.
He further faulted the prosecution for failing to mention the names of all the deceased children instead of just mentioning one and describing the rest as “others” in the counter affidavit.
Presenting his counter argument, the Attorney General told the Court that Oriyomi in his confessionary statement said he persuaded the organisers to change the initial venue for the event to the Islamic High School, Bashorun with a promise to provide staffs that will help to administer gate among other things.
He argued that the roles played by Oriyomi, going by his statement shows that he was more involved than just promoting the event. He furthered that the fact that a name was mentioned among the deceased is an indication that live was lost.
He added that application for bail is at the instance of the Applicant to prove the merit of case, stressing that the state has not acted whimistically to the rule of law.
After listening to the submission and arguments of the Counsels at the points of law, Justice Olawoyin adjourned the ruling on the bail application till Monday, 13th January, 2025.
The Nation reports that, the adjourned date however coincides with the same date fixed for the mention of the case before the Chief Magistrate, Mrs Olabisi Ogunkanmi, who last year ordered the remand of the trio at Agodi Correctional Centre.
