An FCT High Court sitting in Gudu on Wednesday rejected the application for bail filed by convicted former Governor of Taraba, Jolly Nyame.
The convict is seeking his release from prison on health grounds pending the determination of an appeal against his conviction.
Justice Adebukola Banjoko dismissed the application after listening to the arguments of both the defence and prosecution counsel.
Banjoko ruled that the application was “unmeritorious”, noting that “the medical reports presented to the court were conflicting and the dates on them are not corresponding with each other.”
She said that if indeed the convict needed any medical attention, he should apply to the Ministry of Interior, because the prison authorities are under the ministry.
Mr Nyame, who was not in court, was represented by his counsel, Olalekan Ojo, who filed the application on his behalf.
Mr Ojo had argued that his client was hypertensive and diabetic and, pending the determination of the appeal against his conviction, needed to have access to his “traditional herbal medicine”.
He said Nyame had been living with these conditions for about 10 years now and had met with rebuff after seeking permission from the Prison authorities to be administered herbal medicine.
He further told the court that a June 19 medical report issued by the Taraba State Hospital indicated that Nyame could lose his life if he was not released from Prison.
In support of the application, he presented medical reports to the Court and the request letter to the prison officials.
“These exhibits are medical reports attached to the affidavit in support of the application,” Ojo said.
He notified the court that the prison authorities disallowed him access to those who wanted to give him the herbal medicine.
He argued further that ill-health constituted “special and exceptional circumstances” to enable his client to be granted bail after the conviction.
Prosecuting counsel, Rotimi Jacobs (SAN), however, opposed the application for bail, arguing that Ojo failed to support his request with necessary materials.
“Mere medical reasons will not suffice to be granted bail after conviction, because Nyame as a convict has lost the right to medical facility of his choice,” he said.
Mr Jacobs said further that Nyame has no choice than to accept the medical facility provided by the prison authorities.
He further argued that the issue of health could only come into account as an exceptional circumstance, “if the prison authorities say they are unable to provide the medical need of the convict”.
He added that the application lacked “a medical report by a medical practitioner who specialises in the area of medicine that concerns the ailment of the convict.”
Nyame was found guilty, convicted and sentenced to 14 years imprisonment by the same court on May 30, for misappropriating Taraba funds to the tune of N1.64 billion while in office.
He is currently serving his jail term in Kuje prison.
