Sedition: Oni’s media aide granted bail

An Ado-Ekiti Magistrate Court has granted bail to Lere Olayinka, the Chief Press Secretary to the National Vice Chairman of the Peoples Democratic Party, Chief Segun Oni.
Olayinka was arrested by policemen attached to the Ekiti State Government House where he was eating along Ilawe Road, Ado-Ekiti last Monday and was detained at the Police Headquarters till the following day when he was charged to court.
He was accused by the state government of disrupting the teachers’ competency test held in the state last Monday.
In a short ruling on the bail application of counsel to the accused person, Obafemi Adewale, the Presiding Chief Magistrate, Prince Adesoji Adegboye, granted Olayinka bail in the sum of N100,000 and one surety, who is substantially resident in Ado-Ekiti.
Prince Adegboye discountenanced the counter affidavit of the police prosecution, which he said did not impede his discretion to grant bail to an accused person in the circumstance.
The Chief Magistrate therefore adjourned the matter to November 21, 2012 for hearing.
Earlier, Adewale had moved the bail application supported with a 37-paragraph affidavit and 16-paragraph affidavit of urgency.
Adewale urged the judicial notice of the circumstances behind the arrest of Olayinka, a journalist, and the nature of the charge before the court.
He said the first charge of sedition contained in Section 51 C of the Criminal Code had been buried since 1985 by the provision of Section 39 of the 1979 Constitution, which guaranteed the freedom of speech and expression to citizens of Nigeria.
Adewale described the law of sedition as a colonial legislation used prior to independence to intimidate and suppress Nigerian journalists’ criticism and resistance to colonialism.
On count two, which is conduct likely to cause breach of public peace, Adewale referred to paragraph 8 (C) of the police counter affidavit that confirmed that Olayinka was arrested at a restaurant where he was eating, and wondered how “a legitimate act of eating constituted threat to public peace of Ekiti.”
On the third count charge, which alleged Olayinka of promoting ill-feelings and hostility by teachers against the Ekiti State Government, Adewale said such allegation was intangible and a reaction of an “oppressive government.”
Also on the fourth count of “exciting” teachers employed by the state government against the writing of the Teachers Development Needs Assessment, the counsel wondered how Olayinka, a journalist, who was not a member or leader of the teachers’ union could prevent teachers from writing the TDNA.
Adewale referred to the position of Justice Niki Tobi (JSC) in the case of Commissioner of Police versus Sulaiman in Plateau State, and submitted that considering the gravity of the offence, which could at conviction not attract two years in jail, and availability of accused at trial, with his no previous criminal record, the court should grant him bail.
However, the police prosecutor, J. U. Nnaji while opposing the bail application said the law of sedition was not a colonial one, saying it was still in force in the country.
But the court ignored the argument and ordered Olayinka’s bail.