Hon. Justice K. B. Olawoyin of the Oyo State High Court in Ibadan, on Monday, faulted the detention of ex-queen of the Ooni of Ife, Silekunola Naomi, and her co-defendants in the prison custody.

The judge declared that there is no place in Nigerian law for a holding charge, which was used to detain Naomi, alongside the owner of Ibadan based broadcasting station, Oriyomi Hazmat, and the Principal of Islamic High School, Basorun, Abdulahib Fasasi, at the Agodi Correctional Centre.The three defendants are facing criminal charges over the December 18 Christmas funfair they organised for children in Ibadan, which tragically caused a stampede, leading to the death of 35 children.

In a ruling on Monday, Justice Olawoyin admitted each of the defendants, who had been in custody since December 24, 2024, to bail in the sum of N10m each with two sureties in like sum.

“There was no place for holding charge in the Constitution and keeping them in custody would amount to an infringement on their rights, especially without taking them to the right court that could entertain the charges against them,” Justice Olawoyin remarked in his ruling.

The judge also remarked that the tragic stampede was not a premeditated act and so the defendants were entitled to bail.

He said the sureties must be landed property owners within the court’s jurisdiction and must be willing to deposit the documents in the court’s custody.

The judge also barred the defendants from travelling abroad by directing them to deposit their passports at the court’s registry. Furthermore, the defendants were also barred from granting press interviews pending the conclusion of their trial.

Hamzat’s lawyer, Adekunle Sobaloju (SAN), during an interaction with journalists after the court session, expressed optimism that his client would regain freedom on Monday.

Sobaloju said, “The court delivered a ruling on the bail application filed on behalf of Hamzat and in that well-considered ruling, the court granted his application for bail, which means he has been directed to be released by the prison custody on bail. We are going to perfect the bail, God willing immediately.”

Asked to comment on the new murder charges filed by the state government against the defendants, the SAN said his client had not been served.

“We read it on social media just the way you read it and we have not been given any formal charges by the state,” he said.

Meanwhile, the Oyo State Magistrates’ Court in Iyaganku was, on Monday, informed that the state Directorate of Public Prosecutions had established a prima facie case against the defendants and sanctioned their prosecution.The state’s prosecuting counsel, Mr Sikiru Opaleye, made the announcement during Monday’s hearing at the magistrates’ court.

He, however, noted that the defendants were not in court, as they were at the same time appearing before the state high court.

“The case file has been duplicated,” the prosecutor said, “the Directorate of Public Prosecutions has rendered the advice awaiting the filing of information at the high court. In view of that, we pray the court for an adjournment for mention.”

The chief magistrate, Mrs Olabisi Ogunkanmi, adjourned the matter until January 27.

In this article: