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 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 gave the order while ruling in a bail application brought before him by Gomerep against the police.
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Kunda said the applicant brought the bail application in pursuance to section 176(1) of Criminal Justice Law of Plateau and Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria over his continuous detention for almost two months without being charged to Court.
“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.
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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 Area of Plateau, where she later took ill and was treated in a hospital in Pankshin, before she died died on May 5.
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.
The police had through their counsel, O.S. OkPuru, objected to the bail application on the ground that they were still investigating the circumstance that led to the death of the woman and afraid that the applicant would tamper with evidence and witnesses.
