The Kogi State Chief Judge, Justice Nasir Ajanah, has granted an interim order for Senator Dino Melaye to be transferred to the National Hospital Abuja, while hearing for his bail conditions will be heard on Monday, next week.
The Chief Judge gave the order at the High Court in Lokoja, on Friday when Counsel to Senator Melaye, Mike Ozekhome (SAN) filed processes for motion seeking the bail of the Senator who is standing trial for conspiracy and gun running among other charges brought against him.
But the Police also approached the court with an application for variation of the ruling of the Magistrate Court to enable Melaye to be kept in a federal prison.
However, Melaye’s first application was the one asking the court to order that Melaye should be taken to the National Hospital for proper treatment, while the second was an application for bail.
Moving the motions, Ozekhome prayed the court for a speedy trial of the matter, saying the critical health condition of the senator demanded that he should be transferred to the National Hospital, Abuja for proper medical care, before the next adjoined date.
Granting the request, Ajana explained that the order was to enable the senator to receive medical attention, following the lack of facilities at the Police Clinic Lokoja where he is been held in police custody.
According to Justice Ajanah, only the living can “Stand Trial”
The court stated that the order became necessary as the prosecution could not come up with a federal prison in Abuja that has the required health facilities that would take care of the health condition of Melaye.
A mild drama, however, ensued when the counsel to the police, I. E Oteme, refused to be served the application for bail, saying that the document should be brought to the IGP in Abuja.
But the presiding condemned the action and ordered that the counsel be served in the court.
The Chief described the case as one that presents an interesting scenario, ordered the Commissioner of police be served through his counsel in court, while the Senator be taken to National Hospital Abuja, under the custody of the Police
While deciding on an urgent fundamental rights enforcement suit filed by Mr Melaye’s lawyers on Friday, Nasir Ajanah, the state chief judge, ordered the transfer of the senator to the National Hospital, Abuja, pending the determination of his bail conditions on the 7 May.
The order follows a decision of a Chief Magistrate’s Court which remanded Mr Melaye in police custody after a preliminary arraignment on Thursday. The senator was driven to court in Lokoja in an ambulance on Thursday morning.
The Senior Advocate told the Chief Judge that his client’s health was critical, hence the need for him to be transferred to the National Hospital Abuja for proper medical care, before the next adjourned on the 11th, June