Last month, the court granted Mr Kyari, who is standing trial from detention, temporary bail for two weeks to attend his mother's final burial rites.
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Mr Nwite said that granting bail to a defendant was at the discretion of the court, which must be exercised judicially and judiciously. He also argued that the facts and circumstances stated in the earlier rulings of the court necessitating the refusal of his bail applications no longer existed, as 15 out of 16 of the prosecution witnesses had already testified. He cited section 124 of the Evidence Act, 2011.Ruling on the bail application, Mr Nwite said the law empowered a judge to exercise discretion to meet each case’s merit and justice.
“The question begging for an answer at this juncture is, having addressed these issues in the court rulings of 28 March 2022 and 30 August 2022, what has changed to distort my findings in the two rulings?” he asked. “Section 35 stated that a person who is charged with an offence and has been detained in lawful custody and awaiting trial shall not continue to be kept in such detention for a period higher than the maximum period of imprisonment.
Mr Nwite, therefore, held that, having addressed the issues in his earlier rulings, he believed that nothing had changed to distort his findings.
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