An Ikeja High Court on Thursday granted bail in the sum of N250 million to a dismissed police officer, Segun Fabunmi, charged with the murder of a youth.
Fabunmi, a former Divisional Police Officer of the Pen Cinema Police Station, Agege, Lagos, was charged with shooting to death Mr Adedamola Daramola during the January, 2012 fuel subsidy protest in Lagos.
He was also accused of inflicting grievous bodily harm on three other protesters; Alimi Abubakar, Egbujor Samuel and Chizoba Odoh, by shooting a gun at them.
The accused had pleaded not guilty to the charges and had been remanded in the Kirikiri Maximum Prisons, Lagos.
Justice Olabisi Akinlade granted Fabunmi bail in the above-mentioned sum with two sureties in like sum.
Akinlade held the state of health of an accused was part of “special circumstances” under which bail could be granted him in a murder trial.
She said that a medical report issued by the Lagos State University Teaching Hospital revealed that Fabunmi was suffering from kidney failure.
According to her, Fabunmi’s state of health would require regular use of dialysis machine, which is not obtainable in the prisons.
Akinlade said: “It is only the living that can be prosecuted.
“What is important in granting bail is for an accused to place sufficient material before the court for it to exercise its discretion in his favour.
“It is when an accused has done this that the burden of proof will shift to the prosecution, who will have to show cause why the defendant should not be granted bail.”
The judge directed that the two sureties to be provided by the accused must be resident in Lagos State.
She ordered that the sureties must depose to affidavits of means and produce three years tax clearance.
According to her, one of the sureties must have a landed property worth N100 million, while the other must be a director in a state or federal civil service.
The judge also ordered Fabunmi to deposit his international passport with the chief registrar of the court which must not be released without the permission of the court.
The case has been adjourned till July 16 for substantive trial.