Posted by From KENNY ASHAKA, Kaduna on
Former Delta State governor, Chief James Onanefe Ibori on Monday regained his freedom as the Federal High Court sitting in Kaduna granted him bail. Also granted bail in the court presided over by Justice Mohammed Lawal Shuaibu, is his co-accused, Udoamaka Okoronkwo.
Former Delta State governor, Chief James Onanefe Ibori on Monday regained his freedom as the Federal High Court sitting in Kaduna granted him bail. Also granted bail in the court presided over by Justice Mohammed Lawal Shuaibu, is his co-accused, Udoamaka Okoronkwo.
The two accused persons are standing trial for money laundering and diversion of funds belonging to the Delta State government.
Ibori and Udoamaka were remanded in prison custody on December 13, 2007 after being in the custody of the Economic and Financial Crimes Commission (EFCC) for about a week.
Ibori was granted bail in the sum of N50 million and three sureties who must be resident in Kaduna and whose original title documents of landed property within Kaduna shall be deposited with the court.
The former governor was also requested to deposit his international and diplomatic passports with the court.
For Udoamaka Okoronkwo, the court admitted her to bail in the sum of N10 million and two sureties who must both be resident in Kaduna and whose value of a landed property within Kaduna must not be less than the stipulated bail sum.
Ruling on the application for bail brought by Ibori's lead counsel, Joseph B. Daudu, Presiding judge, Justice Mohammed Lawal Shuaibu, said he was of the view that there is sufficient material before the court to exercise its discretion in admitting Chief Ibori to bail pending trial.
As soon as Justice Shuaibu pronounced bail for the former Delta State governor, Ibori's supporters almost started jubilating in the court.
A surprised Justice Shuaibu warned the supporters of the dire consequencies of their action.
'Anybody that misbehaves I will send him to prison. Take it from me. We are here for business. This is not a political arena. We are not politicians and we will not be one. We have taken this course and we will end our career in this profession. You should do your politicking outside," he said.
Reviewing the submissions of the lead counsel in respect of the second accused person, Justice Shuaibu said that the submission of her counsel was not controverted by the prosecution.
He said: 'While the first accused averred that he is hypertensive, the second accused applicant averred that she is presently nursing a little baby who needs motherly attention and her separation from the baby's needs will cause untold hardship for her and the baby.
'She averred that she is distressed and psychologically disturbed as a result of her incarceration.
'The prosecution did not oppose the second accused's averments.
'Such uncontroverted averments are to be taken as true and correct."
In reviewing the bail application for Ibori, the judge said the court limited itself to the deposition made in the affidavit evidence to avoid making pronouncements that will go into the merits of the substantive matter.
The judge said: 'The first accused has averred, in his affidavit, that he will surrender himself for trial and that he will not do anything inimical to the course of justice if granted bail. This court is of the view that there is sufficient material before it to exercise its discretion in admitting him to bail.
'The court is of the view that there is more sufficient materials to exercise its favourable discretion in admitting the first applicant to bail pending the trial.
'Consequently, the first accused/applicant is admitted to bail in the sum of N50 million and three sureties in like sum.
'The sureties must be resident in Kaduna and each must have a title to a landed property within Kaduna and which value must not be less than the stipulated bail sum.
'The original title documents of the said landed property shall be deposited in the court and so, also the first accused applicant's international and diplomatic passports."