Posted by From PETRUS OBI, Enugu on
An Enugu Federal High Court on Monday granted bail to former governor of Edo State, Chief Lucky Igbinedion, who is currently standing trial over allegations of money laundering and misappropriation of state fund levelled against him by the Economic and Financial Crimes Commission (EFCC).
An Enugu Federal High Court on Monday granted bail to former governor of Edo State, Chief Lucky Igbinedion, who is currently standing trial over allegations of money laundering and misappropriation of state fund levelled against him by the Economic and Financial Crimes Commission (EFCC).
Igbinedion will, however, remain in EFCC custody until the 16 stiff conditions upon which the bail was granted are met. He is also to pay a sum of N10 million.
Presiding judge, Justice Olayinka Faji, who defied the ongoing industrial action by judiciary workers to entertain the case, said that Igbinedion would remain in EFCC custody until he produced two federal permanent secretaries who are not likely to retire in the next three years as sureties in the sum of N10 million each.
Igbinedion is also to deposit his international passport with the EFCC, and will not travel out of the country without the order of the court. In addition, the two permanent secretaries, who will stand as sureties to the former governor, will also not travel out of the country. The suspect will equally be reporting to the EFCC every first Friday, fortnightly.
Justice Faji, who also ruled that the order of the court be served on the Head of Service and Comptroller of Immigration for their information and compliance, said that the sureties must be credible people.
The former governor, the judge said, must be ready to submit himself anytime he was needed in the court. Igbinedion and his two sureties will also be required to provide two recent passport photographs, in addition to making available to the EFCC their three years tax clearance.
Ruling on the application for bail brought by counsel to the former governor, Justice Faji reviewed the arguments of the counsels to the parties in the case, and said that the court had the discretion to grant bail in view of the proof of evidence before it, such as facts in support or against the bail application and availability of the accused person to appear for trial, as well as the gravity of the offences.
On the argument of the EFCC counsel, who opposed the bail application on the grounds that the suspect may interfere with witnesses' testimonies because he allegedly had links with miscreants in Edo State as a former governor, the judge said the argument did not hold water since the prosecution could not show proof that Igbinedion controlled militant groups in Edo State.
Justice Faji also held that the commission could not prove that the suspect jumped bail since it failed to present any written promise from him on the day that Igbinedion should appear in its office. He equally said that the prosecution did not also show how the bail would interfere with Igbinedion's continued investigation for financial crime in Edo State-Local Government joint Account.
'It is important to remember that bail is to make sure that the accused person comes for trial. Also, the condition for bail ought not be such as to allow a bail and deny it under the guise of stringent conditions. The condition must therefore be reasonable. I, therefore, grant the accused person, Lucky Nosakhare bail."
However, counsel for 2nd to 4th accused (companies linked to Igbinedion), Mr Richard Ahonarogho, protested the conditions for bail, describing them as very stringent, and told the court that Edo, as one of the marginalized states in the country, does not have two Federal Permanent Secretaries. But he was interrupted by Justice Faji who said, 'this should not be coming from you."
Igbinedion's lawyer, Mr Adetunji Oyeyipo (SAN), who spoke to newsmen after the court session, described the conditions as stringent, but said that he was satisfied with the ruling. He said that his client will work on meeting the conditions, but added that if there is a problem, 'we know what to do."
On the accelerated hearing, which the Judge said will be adopted in the case, Oyeyipo also said that the legal team of the former governor was prepared for that.
The case will come up for accelerated hearing on February 25 to 28, and will continue on March 3.