SaharaReporters learnt that an Adamawa State High Court on Friday granted bail to Ganivo who had languished in prison custody for over 10 years without trial.
A 76-year-old man, Markus Ganivo, has been admitted to bail after spending 10 years awaiting trial in Adamawa State.
SaharaReporters learnt that an Adamawa State High Court on Friday granted bail to Ganivo who had languished in prison custody for over 10 years without trial.
Justice Musa Usman of the Adamawa State High Court of Justice admitted the applicant and father of eight to bail following a motion brought before him by Barr.M. M. Tumba, who took up the case on a “pro bono” basis.
Ganivo, of Gorobi village in the Mayo-Belwa Local Government Area was arrested sometimes in April, 2012 and since then, he had been in prison custody until the “pro bono” intervention.
He was remanded at the Yola Correctional Centre facility on the orders of a Magistrate Court in Yola town without being arraigned before a court of competent jurisdiction for over 10 years.
SaharaReporters learnt that he was arrested by the police for allegedly causing the death of his brother during a fight – an allegation he denied.
Moved by the plight of the applicant for spending over 10 years behind bars without trial, M. M. Tumba approached the court and sought for an order admitting him to bail pending his proper arraignment before a court of competent jurisdiction.
In a motion dated 22nd October, 2021 pursuant to section 162 of the Adamawa State Administration of Criminal Justice Law 2018, and section 6(6) of the 1999 Constitution 2011(as amended), Tumba prayed the court to grant him bail.
He argued that the applicant's detention based only on mere suspicion for 10 years without trial breached even his fundamental right, adding that the innocence of the applicant was guaranteed until proven otherwise.
According to him, section 35(4) and (5) of the 1999 Constitution provide thus: "(4)any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a Court of Law within a reasonable time, and if he is not tried within 2 months from the date of his arrest or detention.
"It is important to note that Section 297 (3) of the Constitution has also provided that where a suspect is still in custody or remand at the expiration period provided in sub section (1) or (2), the Court may on application of the suspect grant bail" Tumba argued.
He accordingly urged the court to resolve the issue for determination raised by the applicant in his favour and admit him to bail on the most liberal terms.
The judge thereafter granted bail to Ganivo.