A Kano State magistrate’s court presided by Senior Magistrate Aminu Gabari has admitted Muazu Magaji Danbala, to bail in the sum of N500 with two sureties in like sum.
It will be recalled that Danbala was arrested and charged to court for allegedly calling Kano State Governor, Abdullahi Umar Ganduje, and his two children “Kano thieves”
The First Information Report alleged that the defendant on October 26, 2021, at about 1100hrs posted on Facebook the image and portrait of the governor of Kano State and his children Abdulaziz Ganduje and Balaraba Ganduje and boldly wrote on it ‘Barayin Kano’
However, the defendant had pleaded not guilty to the charges and thereafter defence counsel, one Barrister Saka applied for his bail.
On Monday, November 8, when the case resumed for ruling on bail applications, the trial magistrate admitted the defendant to bail in the sum of N500 with two sureties who shall be a village head of Sabon Garin Kiru and the Hisbah commander of Kiru LGA.
Consequently, after the court ruling on the bail application, the defence counsel prayed the court to further review the conditions.
The counsel argued that no village head or commander of Hisbah in the entire Kano State will stand as surety in a matter that involved the Kano State governor.
He argued that both the Hisbah commander and village head are civil servants working under the Kano State government.
He therefore prayed the court to review its conditions.
The counsel further submitted that the Supreme Court has warned judges against using civil servants as part of the condition for admitting bail.
He urged the court to soften the condition to enable the defendant to comply with the conditions.
In his response, the Prosecution Counsel, Wada Ahmad Wada, Principal State Counsel submitted that the argument of the defendant was not supported by any law, stressing that courts are enjoined to work with fact.
Wada argued that the defence counsel submission were mere speculations.
Wada similarly said that 177 of Administration of Criminal Justice Law ACJL of Kano State 2019.
“That the defendant admitted to bail be required to produce such surety or sureties, as in the opinion of the court to ensure his appearance as when required.”
In his ruling, Senior Magistrate Gabari refused to review the bail conditions as prayed by the defence.
“It is too early for the defence to start complaining about bail conditions without making any attempt. Justice is for the three-way traffic for the complainant, defendant and society,” the court ruled.
Meanwhile, Saka applied to have all the records of the proceedings in the case.
The court adjourned the case till November 29, 2021 for further mention.