Abdulrasheed Maina, former Chairman, defunct Pension Reformed Task Team
\n(PRTT), on Friday, told the Federal High Court, Abuja, that his leg
\nwould have been amputated if he did not travel to Niger Republic for
\nmedicare.<\/p>\n
Maina, in his affidavit to support the bail application filed before
\nJustice Okon Abang, said a surgical operation was performed on his kneel
\nto save his leg from amputation.<\/p>\n
He urged the court to grant his prayer for bail so that he could attend
\nto his current deteriorating health challenge.<\/p>\n
Maina had, on Jan. 20, approached Justice Abang for another bail after
\nhis arrest for jumping the first bail.<\/p>\n
Maina, in a motion on notice dated and filed on Dec. 24, 2020 brought by
\none of his lawyer, Anayo Adibe, said the application became necessary
\nover his worsening health condition.
\nIn the motion, the ex-pension boss told the court that he had reasonable
\nand responsible sureties who were willing to act as sureties if granted
\nbail.
\nAt the resumed hearing, Sani Katu, SAN, who appeared for Maina, said he
\nhad three applications filed before the court.<\/p>\n
Katu said besides a bail application, he had filed an application
\npraying the court for the recall of the prosecution witnesses in the
\ntrial.<\/p>\n
The lawyer said due to Maina\u2019s failing health, a letter was written to
\nthe Kuje Correctional Centre on the need for his proper medical
\nattention.<\/p>\n
He averred that the correctional centre where he was kept did not have
\nfacility to attend to his state of health.<\/p>\n
Katu, who said his client was taken to the University of Abuja Teaching
\nHospital, Gwagwalada recently, pointed out that the medical report was
\nexhibited in the bail application.<\/p>\n
The lawyer urged the court to grant Maina bail with assurance that he
\nwould not abuse the privilege, having sworn an undertaking to that
\neffect.
\nHe said the treatment Maina received outside the country saved his limbs
\nfrom amputation.<\/p>\n
But the Economic and Financial Crimes Commission (EFCC)\u2019s Lawyer,
\nMohammed Abubakar, told the court to reject the bail plea.<\/p>\n
Abubakar argued that in Maina\u2019s affidavit in support of his bail
\nrequest, he did not feel remorse for his action in jumping the first
\nbail graciously granted him by the court.<\/p>\n
\u201cThe 1st defendant applicant (Maina), without any remorse, stated at
\nparagraph 9 of his affidavit that as as a result of the order of his
\narrest, he decided to seek for a better medical facility for the
\ntreatment of his kneel and was eventually referred to a military
\nhospital in Chad Republic and Niger Republic where the knees surgery was
\nsuccessfully carried out.<\/p>\n
\u201cWhat he is saying is that his jumping bail was a premeditated decision.
\nIt was a decision he took by himself in disobedience to the gracious
\norder of this honourable court in releasing him on bail,\u201d he said.<\/p>\n
Abubakar argued further that by that remark, it showed that Maina also
\nfled to the Republic of Chad .<\/p>\n
\u201cIt is also clear by this paragraph that while we thought that the 1st
\ndefendant applicant fled to Niger Republic, he is now informing the
\ncourt that he also went to Chad Republic while his American and Nigerian
\npassports are in custody of the court,\u201d he said.<\/p>\n
According to the EFCC\u2019s lawyer, it is our humble submission that this is
\nnot a person that deserves a second chance of taking a risk by the court
\nin releasing him on another bail.<\/p>\n
He said the medical report brought by Maina from the University of Abuja
\nTeaching Hospital on his current state of health was silent on the kneel
\nsurgery he claimed he had outside the country.<\/p>\n
\u201cIt is also important to highlight that while the 1st defendant
\napplicant talked about a purported surgery conducted on his kneel and
\nthe purported pain he presently suffering on that kneel which he claimed
\nmay result in the amputation of his leg if not granted bail, the medical
\nreport brought by him is silent about any issue about his kneel; whether
\nhe is feeling pain or surgery ever performed in the kneel before,\u201d he
\nsaid.<\/p>\n
Citing a previous Court of Appeal decision, Abubakar said \u201cwhile a
\ndefendant has a right to legal practitioner of his own choice, he does
\nnot have a right to a medical practitioner or facility of his own
\nchoice, and that even where there is a medical report attached to a
\nbail, the court will still not grant bail unless the medical report or
\ndeposition of a medical practitioner on oath proves that the applicant
\ncannot get the required medical attention while in custody.\u201d<\/p>\n
The lawyer, who said Maina had failed to meet these requirements, urged
\nthe court to refuse the application.<\/p>\n
Responding, Katu, who said that granting bail was at the court
\ndiscretion, said this was in accordance with Sections 158, 162 and 165
\nof Administration of Criminal Justice Act (ACJA), 2015.<\/p>\n
The lawyer, who hinted that Maina once had a mild stroke, said all that
\nhe prayed for was a bail so that his client could have proper medical
\nattention outside the correctional centre as exhibited in their
\napplication.<\/p>\n
On the decision by Court of Appeal, he argued that the nature of the
\ncase was different from the one at hand.<\/p>\n
\u201cWhile in Adamu Vs. FRN case, the report said an applicant had no
\nentitlement to medical doctor of his choice, we are not asking for a
\nparticular doctor of our choice. Rather, we are asking for a general
\npractitioner,\u201d he said.<\/p>\n
Katu urged the judge to discountenance all the arguments by Abubakar
\nthat had to do with facts which were not contained in the affidavit,
\nwhile praying the court to exercise its discretionary power in favour of
\nMaina.<\/p>\n
Justice Abang adjourned the ruling until Feb. 25.(NAN)<\/p>\n","protected":false},"excerpt":{"rendered":"
Abdulrasheed Maina, former Chairman, defunct Pension Reformed Task Team (PRTT), on Friday, told the Federal High Court, Abuja, that his leg would have been amputated if he did not travel…<\/p>\n","protected":false},"author":1,"featured_media":78635,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-78634","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n