Funso Muraina
19 May 2009
Abuja — An Abuja High Court sitting in Gudu yesterday reserved ruling in the bail application of the Chairmen of the Senate and House of Representatives Committee on Power, Senator Nicholas Ugbane, and Hon. Ndudi Elumelu, even as he directed that they should be remanded in prison custody.
The accused risk up to 14 years imprisonment if they are found guilty and convicted, the Economic and Financial Crimes Commission (EFCC) told the court yesterday. They were sent to prison after the EFCC counsel, Godwin Obla, raised security alarm over their safety and told the court that it could no longer accommodate them.
The other accused are the Managing Director of Rural Rlectrification Agency (REA), Samuel Gekpe; the Permanent Secretary, Ministry of Power, Dr. Abdullahi Aliyu; Simon Nanle, Engr. Lawrence Orekoya, Abdulsamad Jahun, Kayode Oyedeji, Hon. Igwe Paulinus and Hon. Jibo Mohammed. They were arraigned before Justice Abimbola Banjoko on a 157-count charge of alleged criminal breach of trust by making fraudulent withdrawal of various sums of monies purporting same to be contract sums in favour of about 51 companies allegedly owned by their friends and associates.
Obla said EFCC was no longer in a position to guarantee the safety of the accused persons considering their status and hype surrounding the trial.
"Since the accused are security risk, they should be remanded in prison", he told the court.
Besides, Obla said the anti-graft agency's accommodation is overstretched and that the commission needed to adjust considerably.
The prosecutor had earlier opposed their bail applications, saying the accused are well connected and have the capacity to influence the witnesses.
The defence counsel had prayed the court to admit the accused persons on bail on self recognition.
Moving his bail application, Prince Lateef Fagbemi (SAN) , counsel to Ndidi urged the court to presume the accused innocent until proven otherwise.According to him, the need for bail is to secure attendance of the accused for trial and not to persecute him.
He cited the case of Dokubo Asari vs. Federal Republic of Nigeria, 2007, 12 Nigeria Weekly Law Report in support.Counsel to Jibo, M.A. Bello cited Sections 35 and 36 of the 1999 Nigerian Constitution which presumed the liberty of the accused persons.Counsel to Gekpe, Paul Erokoro (SAN) adopted the earlier submission.Counsel to Jahun, H.M Aliru also referred the court to Section 342 (1) of the Criminal Procedure Code (CPC).But the EFCC prosecutor, Obla objected to the submissions.
He said it was necessary for the court to consider the nature and gravity of the offences against the accused.While he conceded that bail is at the discretion of the court, he argued that the evidence against the accused persons speaks volume on the gravity of the alleged offence.Considering their average age, he added that the prospect of them jumping bail was high because the offence attracts up to 14 years imprisonment if convicted.The charge, he said, borders on abuse of office and corruption that is seriously ravaging the country adding that investigation was still ongoing and that their release will be prejudicial to investigation and witnesses."The extent of their reach and influence cover the witnesses who work in the same ministry with the accused and where others perform oversight function"."It will be unsafe to exercise discretion in granting bail to the accused", Obla said.
He also urged the court to discountenance their demand for bail on medical ground because there were not supported with hard facts. If need be, the prosecutor said EFCC was willing to offer them medical services at the National Hospital.Replying on point of law, counsel to Ugbane, Chief Kanu Agabi (SAN), contended that since EFCC had told the court that investigation was still ongoing, it might well means they have been wrongly accused.
Counsel to Orekoya, Biodun Aina, said since there was neither averment in the counter Affidavit of the prosecutor nor authority cited by him which overrides Section 36 of the 1999 Constitution and 341 of the CPC, the accused are presumed innocent and should be granted bail on liberal terms.Counsel to Ndudi, Fagbemi (SAN) said the case of Dokubo Asari vs. FRN cited by the prosecutor was a treasonable felony which did not apply in this matter.Citing Abiola vs. FRN, Fagbemi (SAN) said onus was on the prosecution to show why bail should be refused and not the other way round.Since EFCC deemed fit to grant them bail before they brought to court which the accused persons did not abuse, he wondered why the anti-graft agency could come to court to oppose bail. "They cannot aprobate and reprobate", he added.After listening to the various submissions, Justice Banjoko adjourned till June 4, for ruling on the bail application.Considering the number of criminal cases in her court, she said it would be diificult for her to give a short adjournment. Should the ruling be ready before time, she promised to send motion on notice to counsel.
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