Tony Edike, Emma Amaize and Ise-Oluwa Ige
14 February 2008
Lagos — THE legal team of Edo State Governor, Chief Lucky Igbinedion, has failed in convincing the Head of the Federal Civil Service, Mrs. Ebele Okeke, to recommend two Federal Permanent Secretaries to stand as his sureties.
Consequently, Chief Igbinedion is spending his fourth day in EFCC custody after the Federal High Court, Enugu approved his application for bail.
Another Federal High Court sitting in Abuja yesterday turned down a request by the immediate past Governor of Jigawa State, Alhaji Saminu Turaki, to vary his bail conditions, while former governor of Delta State, Chief James Ibori, is back at his Oghara country home after his release on bail from the Kaduna Prison.
One of the conditions attached to Chief Igbinedion's bail is that his two sureties must be Federal Permanent Secretaries introduced by the Head of the Federal Civil Service (HOSF).
They are not expected to retire in the next three years and must deposit their Nigerian passport with the court.
But sources close to Igbinedion's legal team said yesterday that they had not been able to convince the HOSF to recommend two Federal Permanent Secretaries, because as they were told in Abuja "Igbinedion is not a part of the government," and the HOSF "could not introduce government employees to stand as sureties for someone who is not in government."
One of the defence lawyers said they were still pressing the authorities to have a rethink.
Abuja Court throws out Turaki's plea for bail variation
However, a Federal High Court sitting in Abuja, yesterday, threw out a request by the immediate past Governor of Jigawa State , Alhaji Saminu Turaki, to vary his bail conditions.
Justice Binta Murtala Nyako who declined his request yesterday said there were no tangible reasons or circumstances to warrant the variation of the conditions attached to the bail.
Besides, Justice Nyako said acceding to his application would amount to reversing herself on the bail issue.
Turaki is facing trial for allegedly laundering a total N36 billion belonging to his state. He was granted bail last August in the sum N100 million with two sureties in like sum.
The judge also ruled that Turaki who is now a senator must deposit the Certificate of Return issued to him by the Independent National Electoral Commission (INEC) when he won election as a Senator last April to the court.
According to Justice Nyako, the sureties must be owners of landed property in Maitama or Asokoro and must show their Tax Clearance Certificate for three years duly certified by the Federal Inland Revenue Service (FIRS).
They were also ordered to deposit all relevant documents on the landed property with the court.
The court further ordered him to depose to an affidavit on oath stating all countries he has citizenship. His passport should also be deposited with the court. He was also ordered to report to the EFCC's office weekly.
He met all the conditions and was allowed home. But shortly after he was granted bail, he returned to court with an application to vary his bail conditions.
Specifically, he wanted the court to release his travel documents in the custody of the court to enable him travel to Singapore for medical attention and to enable him perform the functions of his office in and outside Nigeria.
He said he suffered from chronic cardiovascular mellitus which has been managed by his doctor, Dr Lee Par of Raffle Hospital, North Bridge Road in Singapore for more than 10 years now.
He said he ought to have travelled to Singapore for medical check up but for the seizure of his passport.
He also said he would need the travel document to perform the lesser hajj and perform the functions of his office both in Nigeria and outside the country. He said he would not jump bail if the bail conditions were varied.
EFCC kicks against Turaki's plea
However, EFCC through its counsel, Mr Adebisi, opposed the application. He submitted that the court knew that he was a senator before giving the bail conditions that resulted in the seizure of his passport and, therefore, the court should not be asked to deviate from being consistent in its bail conditions already met by the accused person.
He also told the court that making any order to vary the bail conditions would make it possible for him to delay the trial or even avoid same.
He also made reference to the EFCC Act, specifically section 26 wherein he drew the attention of the court to the need not to vary its bail conditions in the instant matter.
According to Adebisi, "part of the conditions for bail was that the 1st accused\applicant (Turaki) should submit his international passport to the court and was to be reporting weekly at the office of the EFCC.
"The 1st accused has, however, refused to comply with the condition that he should be reporting to the office of the EFCC as he refused to be reporting weekly as ordered by this court.
"That granting the application, apart from being an abuse of court process, is designed again to frustrate the expeditious hearing of this case which the 1st accused has already scuttled. Granting this application would amount to staying the proceedings of this court until the accused\applicant finishes travelling from one place to the other and will have no time to attend to the criminal trial pending against him," he added.
Besides, the anti-graft agency said the former governor had no respect for the order of the court and that he had capacity to jump bail should his bail conditions be varied.
Adebisi, therefore, urged the court to dismiss the application.
Ruling on the application yesterday, the high court upheld the arguments of the anti-graft agency and declined Turaki's request.
Ibori back in Oghara
Meanwhile, former governor of Delta State, Chief Ibori, who was released on bail, Monday, by the Kaduna High Court, Kaduna arrived his country home, Oghara in Delta State at about 7 p.m. on Wednesday.
He was received by a tumultuous crowd. The Iyasere of Oghara, Chief Champion Oboh, led Ibori's kinsmen to accord him a rousing reception.
A lot of dignitaries have been trooping in to his Oghara residence since his arrival, while the mansion is guarded by policemen.
Some of the villagers who were not around on Wednesday evening when the governor returned milled around yesterday morning to catch a glimpse of him.
"They told us that our brother and former governor is back, I have not seen him, I want to see him and know his health before going home," one of the villagers told Vanguard.
Read comments. Write your own.
Copyright © 2008 Vanguard. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
the edo state ex- governor must go to jail
the past governor of Edo chief lucky should be sent to jail 21 years in jail for defrauding the good people of Edo state of their taxpayer money.
I will advice the EFCC to come out with a reasonable amount of money lucky stole while in office.the 2billion naira we had on news is not true.lucky stole more than 100billion during his eight tenure.
collins from uniben.
If Nigerians are not cowards, why cant a snipper in Nigeria wipe out these so called good for nothing theives and robbers that call themselves politicians eg Ibori who has forgotten he was a minicab driver in London and Igbenedior Lucky. (They say when a living albino witness how a dead albino is buried he automatically knows how he will be buried when he is dead.)So that the upcoming politicians will be careful how steal the masses money.
Justice Nyako is truly a soldier's wife. She has displayed the no-nonsense discipline of the navy which her husband headed at one time. More of her are needed on the bench. Bravo to her and to the Nigerian judiciary as a whole.
Things are becoming interesting in Nigeria. A man becomes a Governor of a State and steals billions of his people's money. The same "OGA" who has a singapore curable illness is voted in as a Senator. "You know you are ill, dont stand for public office". I like the reasoning of the Court.