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Ese: Yunusa’s Lawyer Faults Father, Your Son Is 18 Not 25 / Ese's Abductor, Yunusa Dahiru Handcuffed In Court Today / My Son Was Oruru’s Domestic Help For 10 Years – Yunusa’s Father (2) (3) (4)
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Ese Oruru : State Vs Yunusa, The Case So Far by kelvee(m): 8:48am On Jun 09, 2016 |
By Samuel Oyandogha
The most celebrated court case in Yenagoa and
perhaps in all of Bayelsa State this year has been the
ongoing trial of Yunusa Dahiru, alias Yellow, the alleged
abductor of 14 years old Ese Oruru.
Yunusa, who was arraigned on March 8, before the
Federal High Court, Yenagoa, by the Nigerian police
prosecution team led by Kenneth Dika from the Force
Headquarters, after being taken from Kano to the State
on a five count charge of criminal abduction, illicit sex,
sexual exploitation and unlawful carnal knowledge of a
minor could have been on bail and out of the Okaka
Prison wall but for his inability to perfect the condition
ordered by the court.
The charge against the defendant read: “That you,
Yunusa Dahiru, a male, resident in Opolo-Epie area of
Yenagoa in Bayelsa State, conspired with the duo of
Dankano Mohammed and Mallam Alhassan, between
August 2015 and February, 2016, to commit an offence
of abduction and thereby committed an offence
punishable under section 27(a) of the Trafficking in
Persons (prohibition) Enforcement and Administration
Act, 2015.”
Count two: That you, Yunusa Dahiru, abducted Ese
Oruru by means of coercion, transported and
harboured her in Kano State and thereby committed an
offence punishable under section 13(2)(b) of the
Trafficking in Persons (prohibition) Enforcement and
Administration Act, 2015.”
Count three: “That you, Yunusa Dahiru, induced Ese
Oruru by the use of deception and coercion to go with
you from Yenagoa to Kano State with intent that she be
forced or seduced into illicit intercourse and thereby
committed an offence punishable under section 15(a)
of the Trafficking in Persons (prohibition) Enforcement
and Administration Act, 2015.”
Count four: “That you, Yunusa Dahiru, procured Ese
Oruru and subjected her to sexual exploitation in Kano
State and thereby committed an offence punishable
under section 16(1) of the Trafficking in Persons
(prohibition) Enforcement and Administration Act,
2015.”
Count five: “That you, Yinusa Dahiru, had unlawful
carnal knowledge of Ese Oruru without her consent
and thereby committed an offence contrary to section
357 of the criminal code Act and punishable under
section 358 of the Criminal code ACT, Cap. C.38 laws of
the Federation of Nigeria, 2004.”
Ese-Oruru
He, however, pleaded not guilty to the charge read to
him in Pidgin English.
Justice H. A Nganjiwa, after listening to the prosecuting
counsel, Kenneth Dika and Kayode Olaosebikan,
counsel to the defendant, on the agreed adjournment
date of March 14, informed the court that the priority
of the court was the hearing of the case and other
motions that may be filed by the counsel.
The court ordered the remand of the defendant in
police custody and adjourned till March 14, to hear the
bail application.
Prosecution seeks secret court trial of Yunusa
At the resumed hearing, the prosecuting counsel,
Kenneth Dika, asked the presiding judge, Justice
Nganjiwa, to approve a secret trial as the victim, Ese
Oruru, was a minor and deserved the protection of the
court.
He further objected to the application for bail made by
the defence team led by Olaos ebikan arguing that if the
defendant is granted bail, it would be difficult to get
him back to face the trial.
In a 10 paragraphs counter affidavit deposed to by
Police Inspector, Debo Waheed, the prosecution
averred that it took the police six months rigorous
search before Yunusa was apprehended, arguing that if
the defendant is granted bail, he would not come back,
especially as he is not resident within the jurisdiction.
But the defence counsel, opposed the application for
secret trial by the prosecuting counsel, arguing that the
case is already in the public domain and that there is no
need for a secret trial.
“Ordinarily the law allows for a secret trial, but you
must give the court reasons. Our own contention is
that the matter is already in the public domain. The
prosecution created a media nightmare for the girl on
their own. They dug the pit, they should wallow in it.
Even if the court allows it, the media cannot be
excluded from the trial, but our own contention is that
what they are seeking to prevent has already been
created by them from the onset before the trial,” he
said.
File: Yunusa Arraigned In Court Over Ese Oruru's
Abduction : March 08, 2016.
In a seven paragraphs affidavit in support of the bail
application de posed to by Ayodeji Max well, the
defence counsel cited sections 158 and 168 of
Administration of Crimi nal Justice, and section 36 of
the 1999 constitution as amended and urged the court
to grant the defendant bail.
The judge after listening to arguments, by both counsel,
adjourned the case to March 21 and ordered that
Yunusa should be remanded in prison custody until
when ruling would be delivered on his bail application.
Court grants Yunusa bail
On March 21, Justice Nganjiwa, granted Yunusa bail, in
the sum of N3million with two sureties in like sum, and
ordered that he should be remanded in prison custody
pending when he is able to perfect his bail conditions
and further adjourned the case to April 19 for hearing
of the application for secret trial filed by the
prosecution.
The judge ordered that the defence counsel must
produce the defendant in court for trial, whenever the
case comes up, adding that one of the sureties must be
a renowned title holder in the community and the other
a public servant of level 12 and above.
Justice Nganjiwa said that both sureties must be
resident in Bayelsa State and must submit their three
years tax clearance certificates, while the public servant
must also submit letter of first appointment and last
promotion.
Why we are unable to secure Yunusa on bail – Lawyer
Though the defence counsel, Mr. Olaosebikan, was
grateful to the court over the ruling, the defendant is
yet to leave Okaka Prison, after he was granted bail, as
he has not been able to meet the bail conditions.
According to the defence counsel, the publicity the case
generated and the bail condition that the sureties must
be resident in the jurisdiction of the court is scaring
away individuals who would have serve as sureties.
He nonetheless assured that they will follow the legal
processes to secure the bail.
“The conditions the court gave us that all the sureties
must be resident here, and no thanks to you the media
guys, everybody here is against our client, when we get
somebody and we are perfecting the bail and once you
say it is for Yunusa Dahiru, they would say, that boy
that kidnapped our daughter?. That is the problem we
are facing, I think there are legal procedures to follow
and we will come back to court and make the necessary
application,” he said.
|
Re: Ese Oruru : State Vs Yunusa, The Case So Far by Proxy001(m): 9:00am On Jun 09, 2016 |
k |
Re: Ese Oruru : State Vs Yunusa, The Case So Far by ItsMeAboki(m): 9:49pm On Jun 09, 2016 |
Lai lai the trial must not be conducted in secret, not after the parents and media had publicly tried judged and sentenced him before hand; the case must continue in the open so that the same media responsible for some distortion of the events would equally have to relay the real story as the truth emerges from this unfortunate saga. |
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