The Oyo State Government, on Tuesday, urged the state high court in Ibadan not to grant bail to the ex-queen of Ooni of Ife, Naomi Shilekunola, Hamzat Oriyomi, and a school principal, Fasasi Abdullahi.

The court had on December 24 remanded the trio in prison over the death of 35 children during a Christmas Funfair they organised in Ibadan, which resulted in a fatal stampede.

The defendants spent both Christmas and New Year’s Day at the Nigerian Correctional Services facility in Agodi.

During Tuesday’s hearing at High Court 8, Ring Road, Ibadan, the defence counsel urged the court to admit them to bail but the  Oyo State Attorney General and Commissioner for Justice, Abiodun Aikomo, opposed the bail requests, insisting that the applicants had not shown sufficient grounds for their release.

“The bail request of the applicants must not be granted by the court,” Aikomo stated. He also countered claims of persecution by the state government, describing them as unfounded.

Earlier, the defence counsel argued that their clients’ detention was unconstitutional, citing procedural irregularities and challenging the court’s jurisdiction.

They maintained that the “holding charge” used to remand the suspects was not recognised under Nigeria’s Administration of Criminal Justice Act.

Waheed Olajide, representing Fasasi Abdulahi, principal of Islamic High School, Basorun, argued that the detention was unjustified.

“No formal charge is preferred against the applicant before any court of competent jurisdiction,” Olajide said.

He further emphasised Abdulahi’s poor health condition, stating, “The law makes provision for exceptional circumstances, which include ill health, upon which the suspects can be released on bail. The applicant is battling with his health and needs to be taken care of medically.”

Silekunola’s lawyer, Musibau Adetunmbi (SAN), described her continued detention as unconstitutional.

“Anybody can be detained, but it must be in accordance with the law, irrespective of the offenscs committed,” he argued. “The applicants are being held in detention pursuant to a holding charge which is not known in the criminal administration of justice. Oyo State Government has acted illegally with the continuing detention of the suspects in the prison custody. All the evidences presented by the defense counsel to buttress their case are zero.”

Hazmat’s lawyer, Adekunle Sobaloju (SAN), similarly contended that the detention violated constitutional provisions.

“The holding charge used to clamp the suspects in the prison custody is not known in the criminal administration of justice,” Sobaloju argued.

Justice K.B. Olawoyin, after listening to submissions from both sides, adjourned the ruling on the bail applications till Monday, January 13, 2025.