The Federal High Court in Lagos has granted actress Doris Ogala bail of N30 million in the case involving her and Chris Okafor, founder of the Mountain of Liberation and Miracle Ministry.
Join the Premium Times WhatsApp Community For Quick Access To News and Happenings Around You.
PREMIUM TIMES earlier reported that Justice Akintayo Aluko ordered Ms Ogala, the African Action Congress (AAC) governorship candidate for the forthcoming Abia State election, to remain in custody at the Ikoyi Correctional Centre in October.
While ruling on her cyberstalking and other charges on Friday, the judge directed her to deposit her international passport with the court registrar, Punch newspaper reported.
He further barred the actress from making electronic publications capable of threatening, intimidating or harassing prosecution witnesses. Ms Ogala was absent from the court because she was receiving hospital treatment.
Justice Aluko said he considered both Ms Ogala’s constitutional right to personal liberty and the need to safeguard witnesses and ensure that the trial proceeds without interference.
He said: “I have taken all of the above into account in a bid to attach conditions that will guarantee or ensure the defendant’s attendance in court for her trial, and the need to protect the witnesses of the prosecution from harassment, threat or intimidation.
“By her misconduct and conduct in the open court, when she disrupted proceedings and caused a series of adjournments without any justification on the 28th of October, the defendant has exposed herself as a person capable of fomenting trouble when she is outside the courtroom.”
Stay Ahead with Premium Times
Oath and apology
The judge further recognised the apology the defendant tendered over her conduct. Justice Aluko, however, emphasised that the Constitution protects her presumption of innocence.
In reaching his decision, Justice Aluko also examined the prosecution’s concerns that Ms Ogala might deploy her social media accounts and other online channels to intimidate or victimise witnesses.
He said, “Any unwarranted electronic publication capable of exposing the prosecuting witnesses to public harassment, ridicule, threat or intimidation, which is equally capable of exposing the proceedings of the court to ridicule and distortion, is accordingly restrained and disallowed.”
The judge also ordered the actress to give an undertaking on oath to conduct herself properly and refrain from disruptive behaviour within the court premises for the duration of the proceedings.
The defendant approached the court for bail through an application dated 26 October and submitted it on 27 October.
Her lawyers relied on Section 35(5) of the Constitution, alongside Sections 158 and 162 of the Administration of Criminal Justice Act.
Prosecution challenges bail request
The prosecution urged the court to reject the application, accusing Ms Ogala of intentionally staying away from proceedings scheduled for 23 April and 9 June while claiming she was ill.
It tendered photographs allegedly showing her attending political events, rallies, campaigns, public gatherings and protests while she claimed to be indisposed.
It further warned that granting her bail could expose witnesses to interference, given that the case involved allegations relating to the publication and distribution of electronic materials through social media.
In response, the defence insisted that the law permitted bail for the offences and argued that Ms Ogala posed no risk of committing further offences, influencing witnesses or avoiding trial.
The actress’s legal team blamed her previous absence on health challenges and asked the court to release her so she could prepare for the proceedings and continue pursuing her ambition to become governor.
Justice Aluko, while examining the application, invoked Section 162 of the Administration of Criminal Justice Act. The provision permits bail but recognises certain grounds for refusing it, including the risk of further criminal activity, flight from trial and interference with investigations.
The judge also considered the Supreme Court’s decision in Suleiman’s case, which sets out the legal principles judges must follow when determining bail applications.
He said, “The main function of bail is to ensure the presence of the accused at trial. That is the touchstone of all the criteria.”
The judge noted that the court must weigh the circumstances of each case before exercising its discretion, insisting that such decisions must reflect fairness and sound judicial reasoning.
Justice Aluko consequently granted the application, saying the decision aligned with the demands of justice.
READ ALSO: Why Doris Ogala was remanded — Chris Okafor’s lawyer explains
Bail requirements
Additionally, the judge directed Ms Ogala to produce two sureties, each providing security equivalent to the bail sum.
At least one must own property in Lagos State, supported by verifiable land registration documents certified by the Registrar of Deeds. Alternatively, the surety must be a prominent national official of her political party or a reputable personality.
Both sureties must demonstrate financial reliability, reside within the court’s jurisdiction and obtain clearance from the court registrar.
They must also present tax clearance certificates for the past three years, alongside two recent passport photographs each.
In addition, the judge ordered Ms Ogala to hand over her international passport to the court registrar.
He said the defendant must leave custody immediately once she satisfies the stipulated conditions.
Ms Ogala’s lawyer, Marshal Abubakar, told the court that she could not attend the hearing because she was undergoing medical treatment.
“The defendant is currently receiving treatment at General Hospital in Ajegunle following a gynaecological surgery, which has resulted in bleeding.”