Before Their Lordships
ALOYSIUS IYORGYER KATSINA-ALUJustice of The Supreme Court of Nigeria
NIKI TOBIJustice of The Supreme Court of Nigeria
FRANCIS FEDODE TABAIJustice of The Supreme Court of Nigeria
IBRAHIM TANKO MUHAMMADJustice of The Supreme Court of Nigeria
PIUS OLAYIWOLA ADEREMIJustice of The Supreme Court of Nigeria
Between
ALHAJI MUJAHID DOKUBO-ASARI(Appellant)
AND
FEDERAL REPUBLIC OF NIGERIA(Respondent)
…………………….A…………………….
I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): From the facts contained in the printed record of appeal placed before this court, the appellant Alhaji Mujahid Dokubo-Asari, was a one time leader of the Niger Delta Peoples Salvation Front (NDSF) but now leader, Niger Delta Peoples Volunteer Force (NDPVF). He is also a member, Pro-National Conference Organisation. He, along with one Mr. Uche Okwukwu and others, now at large, were said to have signed one communique which castigated Governors, Local Government Chairmen and NDDC Directors in connivance with the Federal Government that they looted the oil revenue accruing to the people of Niger Delta while pursuing their personal projects and aggrandizement. This, they felt, had left the people in a state of neglect and abject poverty. They also cited the recent hike in fuel pump price as one of their grievances. They therefore threatened to take-up arms against the government after lodging their protest with Pro-National Conference Organisation (PRONACO). The association also revealed its plan to cause civil disorder that would lead to the overthrow of the present Government. Dokubo Asari was arrested by the police and taken to court on a five count charge of conspiracy: treasonable felony: forming, managing and assisting in managing and unlawful society: publishing of false statement and being a member of an unlawful society. These are offences created by and punishable under the Criminal Code Act, Cap 77, Laws of the Federation of Nigeria. 1990.
On the 6th day of October, 2005 the appellant as accused, was arraigned before the Federal High Court holden in Abuja. The appellant pleaded not guilty to all the 5 counts.
On the same 6th day of October, appellant’s counsel moved his summons on notice dated 10th day of October, 2005, praying the trial court to admit the accused/appellant to bail. After taking arguments from the learned counsel for the respective parties, the learned trial Judge examined their submissions along with the affidavit evidence laid before him. In a considered ruling delivered on the 11th day of November, 2005, the learned trial Judge refused to grant bail to the accused/appellant.
