George Orji and Francis Ugwoke
19 February 2008
Enugu — Former Edo State Governor, Mr Lucky Igbinedion may be released from detention today (Tuesday) after his 16 bail conditions described by his counsels as stringent were varied by Justice Olayinka Faji of the Federal High Court, Enugu yesterday.
The variation of Igbinedion's bail condition came just as a Kaduna Federal High Court adjourned the trial of former Governor of Delta State, Jame Ibori, who is standing trial for money laundering and stealing to March 5.
Igbinedion's counsels led by Alhaji Abdullahi Ibrahim (SAN) had in a motion before the court asked for variations of the conditions which the court had given few weeks ago for the former Governor to be released from the custody of the Economic and Financial Crime Commission (EFCC).
Ibrahim had noted that it was difficult fulfilling some of the conditions, particularly on the issue of producing two Federal Permanent Secretaries as sureties.
But Justice Faji yesterday amended some of the conditions on the issue of producing two permanent secretaries, and said that Igbinedion could instead produce two sureties with landed properties within the jurisdiction of the court, such as states like Enugu, Anambra, Imo, Abia, including Edo State.
He also removed the condition requiring the Head of Service to introduce the sureties.
Igbinedion who had deposited N10m draft in the court as part of the fulfillment of the bail conditions was told by the Judge that it was not part of the conditions, and was given back the draft.
As at yesterday afternoon, counsels, aides and political associates had moved to secure sureties with landed properties in Enugu.
The sureties whose identities were not disclosed had forwarded three title documents for properties in Enugu.
The court registry confirmed that Igbinedion had met the new conditions as at yesterday afternoon, but added that what the court officials were waiting for was to confirm with the Ministry of Lands the authenticity of the documents presented by the sureties.
The sureties, it was gathered are close family friends and inlaw of the former governor who are residing in Enugu.
Although, it was confirmed last night that Igbinedion has met the new conditions, the former governor will have to wait till today for the court to certify that he has met the conditions and endorse his release from EFCC custody.
When contacted last night, EFCC sources said that Igbinedion will still be in dention until today.
Counsels to the EFCC did not oppose the request for the variation of the bail conditions except variation in two of the conditions which demand that the accused will not travel out of Nigeria without a court order, and he shall report to the EFCC on Fridays forthnightly.
Justice Faji who said that the motion was not opposed said the court has its discretion in matters relating to bail, and adjourned the case for accelerated hearing to February 25.
In Kaduna, the trial of former governor of Delta State Chief James Onanefe Ibori who is facing a 129 count-charge of money laundry and stealing before a Federal High Court Kaduna was stalled yesterday by the action of Ibori's lead counsel, Mr. Joseph B. Daud (SAN).
The Court at the last trial date last week Monday had set yesterday and today for the commencement of definite trial of the matter. But at the resumed trial yesterday, Daud brandished a letter dated Sunday, February 17, 2008 asking the Court to adjourn the matter by at least one month to enable him attend to some other matters he had before the Supreme Court and Courts of Appeal.
While reluctantly acceding to the adjournment, the Judge said he could not grant more than two weeks adjournment and subsequently fixed further hearing on the matter to March 5.
An obviously enraged learned trial Judge, Mr. Justice Mohammed Lawal Shuaibu said he was disappointed at the request of Daud, particularly since the Economic and Financial Crimes Commission's (EFCC) Act stipulates speedy trial for all offences prescribed by the Act. Besides, Shuaibu observed that it is the position of even the Supreme Court that criminal matters ought to receive priority consideration above civil matters.
Said Shuaibu, "On a very serious note, let us not do things that will show that we are not serious. To be honest with you, I don't adjourn matters for one month.
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