Funso Muraina
17 October 2007
Abuja — A Federal High Court in Abuja yesterday fixed October 25, for ruling on the bail application brought by an American woman, Judith Asuni and a Nigerian, Danjuma Saidu, standing trial over allegations of espionage and felony against the Government of Nigeria.
They were accused of hiding their identities by pretending to be social workers, to breach the nation's security as it had last week tendered classified document said to have been recovered from the accused.
The government told the court that the said document termed Annexure "A" if passed to foreign governments could have serious security implications not only in terms of Nigeria's investment climate, but for enemies of Nigeria or even adventurers who would want to exploit the situation and incite violence in order to sell arms and engage in oil bunkering.
At yesterday's sitting, counsel to the first and fourth accused persons, Professor Yemi Oshibajo, SAN, who appeared with Ayodele Kusumatu, had in his application for bail, told the court that the accused persons have been at the forefront of the peace initiative in the Niger Delta region and noted that they had in the past worked with governments of Delta, Rivers and Bayelsa in find lasting solutions to crises in the area.
"It is our submission that the non-provision of the proof of evidence to establish a prima facie case against the accused persons is a special circumstance foe bail. The 1st and 4th accused persons have shown that they have no criminal records, the 1st accused person has been organizing workshops for the restive youths of the Niger Delta, and has worked in collaboration with the Federal government, the Nigerian National Petroleum Corporation [NNPC], the SSS, oil companies and the governments of Rivers, Delta and Bayelsa states all in the bid to bring peace to the zone," he added.
Responding, the Director of Public Prosecution of the Federation [DPPF] of the Federation, Salihu Aliyu told the court that he would be opposing the applications for bail on the grounds that there was no material before the court to warrant it to exercise its discretion to admit the accused to bail.
"The averrements in the affidavit in support of the application for bail are mere concoctions, they even concocted the orders of this Honorable court. It showed that the 1st accused person not only lied but lied in respect of the orders of the court.
"There are only assertions of the ailments that she is supposedly suffers from, with any medical certificate to back it up. She claims to suffer from typhoid, malaria and other tropical diseases with no certificate to back her claims. It has been held in the case of Abacha and the state that bail can only be granted on the grounds of ill health when it is proved that the place the accused person Is quarantined in has no facility to treat the said ailment" he added.
"The accused persons deposed to the fact that they are social workers working in the rural area, which they use as a camouflage to breach the nation's official secret Act.
Our greatest reason for opposing bail is whether it is safe for the court to exercise its discretion to grant them bail.
"Annexure A has been tendered before the court, it is a document that is not in the public domain due to its security implication for the nation's security, I will not go into the contents, but will leave it for the court to decide, I urge the court to refuse the application.
The Court presided over by Justice Binta Murtala Nyako had granted bail to two Germans Florian Alexander Orpitx, Andy Lehmann but refused the application for bail by Asuni and Saidu as the that there was an additional sensitive document that would affect the nation's internal security that was just brought to her notice.
According to an affidavit deposed to by Grace Ariche a litigation clerk in the office of the DPP of the Federation, that because of the security implication of the said sensitive documents referred to as Annexure "A" the DPPF would at the next adjourned date seek to tender the said annexure "A" from the Bar.
She further averred as follows:
*That the State Security Services [SSS] are still investigating not only how Annexure "A" was obtained by the 1st and 4th accused persons but more importantly for whom and to whom the 1st and 4th accused persons have provided the said document [Annexure A].
*That investigation is pointing to the fact that Annexure "A" is being supplied to foreign agencies.
*That the 1st and 4th accused persons if granted bail will continue to provide such vital information as in Annexure "A" to foreign agencies.
*That the 1st and 4th accused did not go into the trouble of both the expenses and dangers of producing Annexure "A" just for the fun of it. That they have so far refused to disclose who have requested for and obtained Annexure "A" from them.
*That if granted bail the 1st and 4thn accused persons will continue to supply information such as is contained in Annexure "A" to any willing foreign buyer.
*That if released on bail the 1st and 4th accused applicants will interfere with investigations as the 1st accused in particular is a woman of substantial means with powerful connections including Heads of governments, security agencies, embassies, oil companies to mention a few.
The government further averred that the 1st and 4th accusedapplicants have not given any reason to show the court that they will not jump bail, government also told the court that the 1st accused person is an American citizen and married to a Nigerian though according to her, a Decree nisi has been issued in respect of the said marriage, that she is in possession of a Nigerian passport even though she is not a |Nigerian citizen and that she will be charged for being in possession of a Nigerian passport.
Specifically,the Court presided over by Justice Binta Murtala-Nyako had granted the Germans bail on the condition that they produce two high ranking officials each of the German Embassy in Nigeria who do not enjoy Diplomatic immunity as according to her the Embassy in not Nigerian Territory.
She restated that her earlier orders that the accused be given access to their lawyers and a family member still subsists and fixed further hearing on the matter for Monday, October 8th ,2007 to enable the Director of Public Prosecution produce the additional sensitive document that affects the security of the nation on which he premised his objection the bail application by Asuni and Saidu.
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