Mue alleged that his client, Paul Gyenger, was arrested on 25th August 2023 on orders of the state governor, Rev Fr Hyacinth Alia, through the Commissioner for Justice on the accusation that he defamed him by posting on his Facebook page alleging that he (Governor) diverted the two (2) billion Federal Government palliative money given to the state.
The PDP legal adviser described as ‘illegal, unconstitutional and unwarranted’ the continuous detention of his client who has been granted bail.
Mue alleged that all efforts made to secure bail for his client even when the High Court had ordered his release on bail, had been frustrated by the Chief Magistrate His Worship Taribo Attah.
Speaking to Journalists at the premises of Magistrate Court opposite the School of Nursing, Makurdi on Thursday,
Mue said, “The fact of the matter is that on the 25th of August 2023, my client, Paul Terhemba Gyenger, who is the defendant in this case currently at the Correctional Centre in Yakyo, Makurdi, Benue State was arrested upon a complaint by Governor Hyacinth Alia, on the ground that he made a post on his Facebook page tagged,’ it is alleged that other states have collected their Palliatives and in Benue State, the Governor has diverted the sum of two(2) billion naira and is completing his house in Kuje area of Abuja.
“He said it is alleged, he did not say he knew. It was based on that he was arrested on that Friday. We went to the Police who said they would arraign him in court. They did not and on the 28th August,2023, I filed a fundamental enforcement order against the defendants, that is the Governor, Commissioner for Justice and the Commissioner of Police at the High Court 10.
“Upon being served with that particular process, the third respondent in this matter, the Commissioner of Police arraigned my client on the 31st August 2023 at the Chief Magistrate Court 1 presided over by His Worship Taribo Attah and I filed a motion for bail in his court. The matter came up and he adjourned it to 11th September,2023.
“The offences alleged are bailable because they are complaining of conspiracy, defamation of character, cybercrime stucking which are ordinarily bailable. When the Magistrate heard our application, he adjourned to 20 September 2023 for a ruling on this type of application.
” Fortunately for my client, the High Court 10 which we approached, granted our bail application.
“On the 12th of September,2023, an order was served on the Magistrate His Worship Taribo Attah. Before this process was served on the Magistrate, he closed by 1 p.m. and left me in the court. I waited till 4 pm on the 12th of September,2023 and this morning 13th of September,2023, I filed a motion exparte because the High Court directed the court to fix bail terms and not anything. The Chief Magistrate told me that it was an abuse of the court process and he could not comply with it.
“I then directed him to section 34 sub 3 of the administration of criminal justice law which entitle him to grant bail as the original remand notice was to expire on the 7th September 2023. As am talking to you, the continued detention of my client in Yaikyo Correctional Centre is illegal, unconstitutional and unwarranted.
“They just want to use the coercive powers of the State to perpetually keep him behind bars. I am left with no option but to apply to release my client.
