Justice Adebukola Banjoko has dismissed an application for bail, filed by a convicted former governor of Taraba, Jolly Nyame, who was seeking to be released from prison, pending the determination of his appeal against his conviction.
It will be recalled that Justice Banjoko of the Federal Capital Territory, FCT High Court, Gudu, had on May 30, 2018 sentenced Nyame to 14 years for criminal breach of trust, two years for criminal misappropriation, seven years for gratification and five years for obtaining by dishonesty, with the sentences to run concurrently. .
Nyame, who was not in court, through his counsel, Olalekan Ojo, on June 27, 2018 approached the Court, with the application for bail, on the grounds that his client was hypertensive and diabetic, and pending the determination of the appeal against his #conviction, needed to have access to his “traditional herbal medicine”.
“My client has been living with these conditions for about 10 years now, and he had sought permission from the Prison authorities in Kuje, Abuja, to be allowed to be given herbal medicine, but his request was rebuffed,” he said.
He further told the court that a June 19, 2018 medical report issued by the Taraba State Hospital indicated that Nyame could lose his life if he was not released from Prison.
In support of the application, he presented medical reports to the Court, and the request letter to the Prison officials.
“These exhibits are medical reports attached to the affidavit in support of the application,” he said, notifying the Court that the prison authorities disallowed him access to those who wanted to give him the herbal medicine.
“Whatever must have been responsible for their decision whether right or wrong, the point is that he was not allowed access to them,” he added, arguing further that ill-health constituted “special and exceptional circumstances” to enable his client be granted bail after the conviction.
Prosecuting counsel, Rotimi Jacobs, SAN, however, opposed the application for bail, arguing that Ojo failed to support his request with necessary materials.
