Judge vs bus driver: Court adjourns ruling on bail

One year after a Lagos commercial bus driver, Quadri Kasali, has been in prison custody for attempted murder of a High Court Judge, Justice Adeniyi Adebajo, an Igbosere High Court, adjourned ruling on an application for his bail.
Kasali, who was arraigned first at the Magistrates’ Court, Tinubu, was denied bail on several occasions by the Magistrates who handled the matter and was remanded in prison custody pending legal advice from the Director of Public Prosecution (DPP), despite efforts by rights group to secure his bail.
He was alleged to have attempted to kill Adebajo by hitting him three times with his bus on March 3, 2012, at Moloney Street, when Adebajo accosted him for obstructing traffic.
According to the charge sheet, Kasali was driving a commercial bus with registration number XA242 KLK at Moloney Street, Lagos Island, at 2:20pm, where he obstructed other road users.
The alleged offence contravened Section 228 of Criminal Laws of Lagos, 2011.
Kasali’s matter was transferred to the High Court after the DPP, established an attempted murder case against him.
At the resumed hearing yesterday, the defendant’s counsel, Oludare Falana, applied for Kasali’s bail but the trial judge, Justice Christopher Balogun, retained the defendant in prison custody.
Falana in applying for the defendant’s bail, urged the court to consider that Kasali, who was the breadwinner of his family, also has a young wife who just delivered a baby.
He said: “The court should consider the presumption of innocence until proven otherwise”, adding that the defendant has been in prison custody since his first arraignment.
“”The offence for which the defendant was charged can be likened to a mere traffic offence and not attempted murder as stated by the charge sheet.
“Even the alleged attempted murder as stated is a ballable offence,” he said.
However, the prosecutor, Femi Adamson, objected the defendant’s bail application, stating that Kasali’s counsel has not given enough facts to guarantee that the defendant will not jump bail.
He said: “Although the offence committed is a non-capital one, the provision of law is clear that bail of that nature is dependent on the facts before the court.
In his ruling, Balogun said the defence has not given enough facts to prove that the defendant will come back if released on bail.
He said: “where in your affidavit have you shown that the defendant will come back if released on bail?”
After listening to both parties, Balogun, who denied the defendant bail, adjourned the case to May 2, for hearing of the bail application.