A High Court in Jos on Friday admitted Augustine Gomerep, a man accused of killing his wife, to bail in the sum of N500,000, following the failure of the police to arraign or file charges against him
in competent law court two months after his arrest.
Justice Ishaku Kunda of State High Court has the order while ruling in a bail application brought before him by Gomerep against the police.
Kunda said the applicant brought the bail application pursuance to section 176(1)of the Criminal Justice Law of Plateau and sections 35 and 36 of the Constitution of Federal of Nigeria over his continuous detention for almost two months without being charged to Court.
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“The police claimed in their counter-affidavit to the applicant’s bail application that he (Gomerep) killed his wife.
“They (police) also claimed that the applicant was in the habit of always beating his wife, which resulted in her frailness, sickness and eventual death.
“But the burden of proof rest on he who alleges; unfortunately, the respondents (police) claimed they are yet to conclude investigations into the alleged culpable homicide labelled against the applicant.
“The general rule is that such an accused should be brought before a competent court of law and tried to prove his culpability.
“Unfortunately, it’s not so in this case as the only reason advanced by respondents is that they are still investigating the matter.
“I have looked into motions of both sides and wonder why almost two months after the arrest of the applicant, investigation into the matter is yet to be concluded.
“I hereby admit the applicant to bail pending his arraignment. The surety must be a village head, ” Kunda declared.
The News Agency of Nigeria (NAN) reports that Gomerep, through his Counsel, D.A. Dalong filed an application for bail before Justice Kunda challenging his continuous detention without any charge against him before a competent law court.
He claimed he had a misunderstanding with his wife in February but that on April 5, she left their matrimonial home for her parents’ house at Vel, in Pankshin local government of Plateau.
He said that she later took ill and was treated in a hospital in Pankshin, where she allegedly died on May 5 and was buried in her parent’s residents.
He said soon after his wife’s death, her parents reported him to the office of Civil Defence in Pankshin, and he was arrested on May 10 on the ground that he killed his wife.
He said he was later handed over to the Pankshin Divisional police Headquarters on May 12. He was transferred to the State Criminal Investigation and Intelligence Department (SCIID), Jos, where he is being detained.
In his bail application, he promised not to interfere with the police investigation, if any, and would not jump bail and will always make himself in court or the police station if need be.
According to him, if granted bail, it would serve the interest of Justice.
Through their Counsel, O.S. OkPuru, the police had objected to the bail application on the ground that they were still investigating the circumstance that led to the woman’s death and was afraid that the applicant would tamper with evidence and witnesses. (NAN)
