A sigh of relief may be underway for the embattled former Chairman of Asari-Toru Local Government Area of Rivers State, Mr. Ojukaye Flag-Amachree as the State High Court presided over by Justice M.O. Opara has fixed 26th May, 2016 for ruling on the bail application brought by the accused.
Justice Opara took the decision yesterday at the resumption of the matter after both counsels in the matter had argued their positions on the bail application sought by the accused person, through his counsel, Sabastine Hon, a Senior Advocate of Nigeria (SAN).
The accused was arraigned on a two-count charge of conspiracy and murder by the State government before the court, following a report by the Director of Public Prosecution (DPP) in the state that a case of murder has been established against the accused.
Prior to the trial at the High Court, the accused was first remanded to prison custody on the order of a State Chief Magistrate Court presided over by Isreal Agbesor on the grounds that the court lacked the jurisdiction to prosecute the matter.
The Court had further ordered that the accused has the right to approach a High Court to secure his bail when the Inspector-General of Police sought the leave of the lower court to withdraw the matter on the ground that proper investigation was not conducted before the matter was charged to court.
The accused had since pleaded not guilty of the two-court charge brought against him before the court.
However, at the resumption of the case yesterday, the prosecuting counsel, Godwin Obia (SAN) and the defence counsel, Sabastine Hon  (SAN) turned the court session into a theater of academics, when the defence counsel sought the leave of the court to withdraw his May 11, 2016 bail application motion and to allow his first application made on May 5th.
Not satisfied with the position of the defence counsel, the prosecution counsel, Godwin Obia (SAN), stated that such was not the position of the law, adding that once an application has been withdrawn, it cannot be revived merely on oral application.
Both counsels supported their arguments with the Supreme Court rulings and criminal procedures, both at state and federal levels.
Later, the trial Judge, Justice M.O. Opara ruled in favour of the defence, adding that the defence counsel has proven his point, and struck out his 11th May, application which he sought withdraw, and ordered him to move the motion for bail for the accused.
Moving the bail application, counsel for the accused person, Sabastine Hon (SAN) said that the court has the right and discretion to grant the accused bail, adding that the accused has reliable suretees that would take him on bail.
He further urged the court to grant his client bail based on health ground, adding that the accused was the bread winner of his family.
He relied on his submission based on Section 118 Sub-Section 1 of the state criminal code procedure which empowers only a High Court Judge to grant an accused person standing trial on a capital offence bail, and urged the court to grant the accused bail on liberal terms.
Responding to the application for bail as moved by the defence counsel, the prosecuting counsel, Godwin Obia while opposing the bail application, informed the court that the state criminal code procedure section 118 Sub-Section 2,3 said, the judge can only hear the application and not to grant the accused facing a capital punishment charge bail.
He urged the court to refuse such application.
The trial judge, Justice M.O. Opara later adjourned the matter to 26th May, for ruling on the bail application.