Business World Intelligence - http://businessworldng.com/web
Suspect Gets Bail Based on Unorthodox Medical Report
http://businessworldng.com/web/articles/1780/1/Suspect-Gets-Bail-Based-on-Unorthodox-Medical-Report/Page1.html
By Onyewuchi Ojinnaka
Published on January 13th, 2011
 
JUSTICE Sekinat Adebajo of Lagos High Court has granted bail to Olu Osho, a suspect standing trial along with his brother Sunday Akinyemi on a 30-counts charge bordering on conspiracy and fraudulent conversion of money.

JUSTICE Sekinat Adebajo of Lagos High Court has granted bail to Olu Osho, a suspect standing trial along with his brother Sunday Akinyemi on a 30-counts charge bordering on conspiracy and fraudulent conversion of money. The suspect who was arraigned by the Economic and Financial Crimes Commission(EFCC) was granted bail based on the medical report presented by a traditional healer who has been treating him.
The admission of the herbalist report is contrary to the belief that a medical report originating from an unorthodox health centre is not admissible in law.  .
Ruling on his bail application, Justice Adebajo held that since Osho has rejected Western Medicine approach to treat his illness, the court is satisfied that he is in dire need of the services of his traditional healer.
In the ruling, the judge further held that there were enough materials before him to exercise his judicial discretion in favour of the suspect and accordingly granted him bail.
“If the applicant is in dire need of his herbalist, the court should in my view avoid taking a step that would negate its duty to the parties before the court. I am satisfied from the affidavit evidence filed before me that for his spiritual and physical needs the 2nd  defendant (Olu Osho) is in dire need of his herbalist. I find and accept the lose use of medical term by the herbalist as our way and take judicial notice of the use of English”, Justice Adebajo stressed.
Consequently, the court granted Osho bail in the sum of N4 million with four sureties each in like sum. One of the sureties must be a blood relation  while two of them must be civil servants  on grade level 15 or an executive director of a public quoted  company.
Besides, all the sureties must own landed property in Lagos state, submit their pay slip for the month of September and all except civil servants shall show their tax clearance certificate of the last three years.
Ruling on Sunday Akinyemi, the court ordered that he be taken to hospital for treatment.
It would be recalled that on two previous occasions, the court had refused the two suspects bail but in their latest application filed by their counsel, J A Badejo (SAN), he submitted that the deterioration in the health of Olu Osho and the need for him to be treated by a traditional medical practitioner justifies his application for bail.
He further submitted that Osho is merely facing a two-count charge involving N10 million and urged the court to grant him bail so that he could be treated by his traditional medical doctor, who had treated him in the past.
The Economic and Financial Crime Commission (EFCC) had filed a 30-count charge against Olu Osho and Sunday Akinyemi for conspiracy to steal and alleged conversion of various sums of money belonging to Texas Connexion Services Limited.