Why court refused Dallah’s bail application — Judge

From Abel Leonard, Lafia

Justice M.O. Olajuwon of the Federal High Court in Lafia, Nasarawa State, has explained why the court refused the bail application filed by Ibrahim Kabiru Dallah, who is standing trial on cybercrime-related offences, holding that the application was procedurally defective and unsupported by admissible facts.

In a court ruling obtained by our correspondent on Monday, Justice M.O. Olajuwon delivered the ruling on Friday, December 12, 2025, in Suit No: FHC/LF/285C/2025 between the Commissioner of Police and Ibrahim Kabiru Dallah.

Recall that Dallah was charged under provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act, over allegations bordering on cyberbullying, online harassment and related offences, which the court affirmed are criminal offenses under Nigerian law.

While considering the bail request, Justice Olajuwon reiterated that bail is a constitutional right but not automatic, stressing that it must be exercised judiciously and judicially.

“I have carefully considered the bail application. The issue for determination is whether the defendant/applicant has placed sufficient materials before this court warranting the exercise of discretion in his favour,” Justice Olajuwon said.

The judge listed relevant factors to include the nature of the offence, the severity of punishment upon conviction, and the likelihood of the defendant absconding, interfering with investigation or committing further offences while on bail.

However, the court found that the affidavit in support of the bail application was fatally flawed. It was neither deposed to by the defendant himself nor by his lead counsel, Baba Ayiwulu Baba, but by a litigation secretary in the law firm representing him.

The court held that the litigation secretary relied on information allegedly obtained from a counsel who was said to have been briefed by an unnamed person, rendering the facts hearsay.

“In view of the foregoing, the necessary facts contained in the affidavit in support of the application, which this court should ordinarily consider in granting bail, are discountenanced,” the judge ruled.

Justice Olajuwon struck out the paragraph forming the foundation of the bail request, noting that without it, the court lacked sufficient material to exercise its discretion.

Consequently, the bail application was refused and struck out, though the court declined to dismiss it outright, allowing the defendant the opportunity to reapply properly.