Taraba’s ex-Gov. Jolly Nyame jailed in May for 14 years on corruption charges has said he needs access to his traditional herbal medicine he had been using to treat hypertension and diabetes before his conviction.
The former governor, through his lawyer, approached the High Court of the Federal Capital Territory, Gudu, Abuja, where he got the guilty verdict, to release him on bail pending the determination of his appeal against his conviction.
His lawyer, Olalekan Ojo, arguing the bail application before Justice Adebukola Banjoko who convicted Nyame, said his client had been living with the health conditions for 10 years.
Ojo referred to a June 19, 2018 medical report issued by a Jalingo, Taraba State hospital, suggesting that the convict could die if not released from prison.
He said his client had sought permission from the prison authorities in Kuje, Abuja, to be allowed to be given herbal medicine, but the request was turned down.
“These exhibits are medical reports attached to the affidavit in support of the application and also the request, the letter, written to seek permission to be given traditional herbal preparation that can sustain him,” he told the court.
“The prison authorities did not allow his people to give him the herbal medicine. Whatever that must have been responsible for the prison authorities’ decision whether right or wrong, the point is that he has not been allowed.”
He told the trial judge that ill health and the need to access herbal medicine had been recognised as constituting “special and exceptional circumstances” that could warrant granting bail after conviction.
But EFCC’s lawyer Rotimi Jacobs (SAN) urged the court to dismiss the application.
Jacobs said the convict failed to support his request with any material, and “mere medical allegation will not be sufficient to grant bail after conviction”.
He said Nyame has lost the right of medical facility of his choice but the one provided him by the prison.
“The health ground will be an exceptional circumstance if the prison authorities say they are unable to provide the medical need of the convictm” said Jacobs.
“The second issue is that there must be a medical report by a medical practitioner who specialises in the area of medicine that concerns the ailment of the convict.
“Has the medical report been provided? There is no such report by a medical practitioner that specialises in hypertension and diabetes.”
Justice Banjoko receded to her chambers to prepare her ruling, which she delivered later on Wednesday, striking out the bail application. According to her, Nyame’s application was meritorious.
The judge ruled that bail was never granted to a convict as a matter of right but only under “exceptional circumstances,” which could include ill health.