The Chief Judge of the Federal Capital Territory, Justice Lawal Gummi, yesterday refused bail to three persons standing trial accused of a N36.3 billion advance free fraud otherwise known as 419.

Delivering ruling in an application filed by three out of the five accused persons, Justice Gummi said of the first accused person, Emmanuel Nwude, that looking at the proof of evidence, a prima facie case has been established against him, and that the bail was denied considering the seriousness of the charges and the volume of counts. "In the event that the applicant is convicted, the punishment may be severe."

Besides, Justice Gummi said that if the accused were to be granted bail "he may not turn out for the trial", considering that he had offered a bribe to the chairman of the Economic and Financial Crimes Commission not to be tried over the scam.

"I am not convinced that the accused person must be released simply because he said he could only be treated for ailment in a particular hospital of his choice. If we do this to all accused persons standing trial in criminal cases, no one would remain in custody or be in prison. There is no merit in this application and it is hereby dismissed."

Justice Gummi added that since he had earlier granted an order for accelerated hearing of the case, the trial shall be done speedily with-out any delay and added that although Section 35(4) of the 1999 constitution guaranteed right to bail, such right, must be exercised at the discretion of the court.

Besides, he said that a statement that the accused had been charged with similar offences and did not jump bail was supposed to work in favour of the applicant, "but since the application has been challenged it must be looked into.

"In this case, one Umar Sanda in a counter affidavit said paragraph 5, 6, 7 and 14 of applicant's affidavit were incorrect. The applicant also admits benefiting from proceeds of the scams."

On the application by the second accused person, Mrs Amaka Anajemba, Justice Gummi said that when she was invited by the EFCC to make a statement, the "applicant went into hiding. She would run away if given bail."

On the third accused person, Chief Nzeribe Okoli, Justice Gummi said that the applicant was invited three times to EFCC but refused to show up when he was yet to face charges. This accused will not turn up for trial if given bail."

He said besides that because of the nature of the charges and the proof of evidence against the accused, the court could not exercise discretion of bail in favour of the applicants.

After the ruling, Chief Chris Uche (SAN), gave notice that he would appeal against the ruling and urged the court to fix a trial date to allow the appeal to be heard. Justice Gummi fixed the trial for March 22 and 23, 2004, and will deliver ruling in respect of the two remaining accused persons on February 25, 2004.