BY Bolanle Olabimtan
A magistrate court in Zuba, Abuja has refused to grant bail to Obiajulu Uja, a passenger who protested against Bola Tinubu, the president-elect while onboard an Ibom Air flight.
On March 31, the passenger caused a scene on a 6 pm flight from Abuja to Lagos.
TheCable had reported that Uja was heard addressing others onboard the aircraft, saying that Tinubu cannot be sworn in.
Uja was arraigned on April 4 and charged with “public nuisance, resistance to a lawful arrest, threatening violence and conduct likely to cause a breach of peace contrary to sections 396, 267,188,172 and 144 of the Penal Code Law”.
Ruling on the bail application at the court session on Tuesday, Mohammed Ismail, senior magistrate, held that the application was premature.
According to Ismail, the exhibits attached to the application did not say the defendant was unfit to stand trial but that he was of unsound mind.
He also held that while the constitution guarantees every person’s liberty, a court can deprive a person of their liberty based on health grounds.
Citing the provisions of section 35(1)(e) of the 1999 constitution and section 278 of the administration of the criminal justice act (ACJA), 2015, the magistrate held that Uja cannot be granted bail.
The magistrate held that when a defendant’s mental capacity is in question, the court has a responsibility to ascertain their medical history.
He ordered that Uja be remanded at the Kuje correctional centre, adding that the head of the prison should take the defendant to a government hospital to ascertain his mental capacity.
He then adjourned the case to April 20 for a report and hearing.
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