A Lagos High Court sitting in Igbosere, yesterday, denied bail to a commercial bus driver, Mr. Kasali Quadri, 33, who was arraigned for attempting to kill a Lagos High Court judge, Justice Ebenezer Adebajo.
The bail application filed by Mr Oludare Falana, from Falana and Falana Chambers, counsel to the defendant, was not granted by the presiding judge, Justice Christopher Balogun, on the ground that there was not enough facts to prove that the defendant will not abscond if released on bail.
“Where in your affidavit have you shown that the defendant will come back if released on bail?” the judge asked.
Falana, in his response, told the court to consider the presumption of innocence and noted that the defendant was the breadwinner of the family and that his wife just put to bed.
He argued that the offence that the defendant was charged with could be likened to a mere traffic offence which is a bailable offence, and not attempted murder as stated by the charge sheet.
In his words: “The offence with which the defendant was charged can be likened to a mere traffic offence and not attempted murder as stated by the charge sheet.”
Urging the court to deny the defendant bail, the prosecutor, Mr Femi Adamson, said the defence counsel had not giving enough facts to guarantee that the defendant will come back if released on bail.
Adamson noted that although the offence committed is a non-capital one but the provision of law is clear that bail of that nature is dependent on the facts before the court.
It will be recalled that Kasali (defendant) was first arraigned before a Tinubu Magistrate court, Lagos on March 9, 2012 on a charge of alleged attempted murder of justice Adebajo, which he pleaded not guilty.
Kasali was said to be driving a commercial bus with registration number XA 242 KLK at Moloney St., Lagos Island at 2.20 pm where he obstructed other road users and when he was challenged by the judge, he hit the judge’s car three times.
The alleged offence was said to contravene Section 228 of Criminal Code Laws of Lagos State 2011.