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ARINZE NWAFOR, GLORIA EZELE
The Ikeja Sexual Offences and Domestic Violence Court has denied the second bail application of a man accused of defiling an 8-year-old girl in El-Bossa Nursery and Primary School, Epe, Lagos state.
Justice Rahman Oshodi refused the defendant, Isaac Nwatu’s second application for bail, on Wednesday.
Oshodi ruled that the defence counsel, A. O. Agada did not provide any justification for Nwatu’s second bail application, citing no change of circumstances since the filing of the application dated May 1, 2023.
Oshodi said, “As distilled in the 16-paragraph affidavit, the grounds and narratives in this application are not too dissimilar from the earlier application, save for paragraph 9.”
“The exhibits attached to both applications are not too different, save for exhibit C which is the defendant’s sister’s identification card,” the judge added.
Oshodi said he agreed on the presentation of bail application several times in the same case, but “only a change in circumstances would warrant inviting the court to exercise its discretion in a particular way.”
Oshodi said he, however, disagreed with the content of paragraph 9 of the affidavit which listed the responsibilities of the defendant as a breadwinner of the family.
“The contents of paragraph 9 explain that the defendant is the breadwinner of his family and is sponsoring his sister’s education at the university.
Oshodi said the paragraph also stated that the defendant supports his parents who are 75 and 60 years old.
“These circumstances are not new. It is not that they did not exist before the presentation of the trust to gain application. They are not legally justifiable under the principles in Omodara and the state supra,” the Judge ruled.
Oshodi said the prosecuting counsel, Bukola Okeowo brought 2 witnesses against the defendant.
The judge initially heard and refused Nwatu’s first bail application on February 23, 2023, the day he was arraigned.
Oshodi adjourned Nwatu’s case to November 14, 2023, for further hearing.
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