NBA President gets bail in the sum of N250 million
The President of the Nigerian Bar Association, Paul Usoro, SAN was on Tuesday granted bail when he appeared before the Hon. Justice Muslim Hassan of the Federal High Court in relation to the 10-Count Charge leveled against him by the Economic and Financial Crimes Commission (EFCC).
The court had at its last sitting, ordered that the EFCC served the defendant with the charge sheet personally, after which it adjourned to December 18th, 2018 for arraignment.
Upon the insistence of the EFCC, the NBA President had to be served personally with the charge at the commission’s office in Ikoyi.
Announcing his appearance for the prosecution at Tuesday’s proceedings, Rotimi Oyedepo informed the court that the Charge had been served on the defendant. He thus applied that the plea be taken on the 10-count charge.
Counsel for the defendant, Wole Olanipekun, SAN promptly objected to this move, arguing that the procedure adopted by the prosecution in which it asked the court to accept the Charge is a wrong one.
″The prosecution cannot be asking the court to accept a charge that the court itself proffered,″ he said,
Defence Counsel went on to add that the charge cannot also be read where there is a pending application to the Chief Judge for the transfer of the case.
He disclosed that a letter dated December 17, 2018 addressed to the Chief Judge of the Federal High Court has been filed, praying the court to transfer the matter to any judicial division between Uyo and Abuja.
Referring the court to Section 98 of Administration of Criminal Justice Act (ACJA) 2015, Wole Olanipekun said, “The defendant’s request is harmless and a right that inures to the advantage of the defendant or any defendant for that matter. We do not need to belabor the point, as it is indeed harmless.”
He went on to read aloud Section 22 of the Federal High Court Act which establishes that defendant has the power to transfer any matter.
On the other hand, Rotimi Oyedepo argued that there was no basis for transfer to Uyo or Abuja. According to him, the application for adjournment, which relies on the said letter, should not be entertained by the court.
He further argued that sufficient facts, which would lead to a transfer of the case to Uyo or Abuja, were not available.
“Apart from the letter to the CJ, there was no formal application before the court seeking a recuse, adding that the prosecution was entitled to join issues on same.” Prosecution Counsel thus urged the court to proceed with arraignment.
The Court held that having listened to the submissions of counsel on both sides, and also read the letter written to the Chief Judge, the issues in view comes down to whether the defendant can take his plea in the circumstance.’
The Judge said, “Although it is not in dispute that the Chief Judge reserved the right to transfer cases, the instant case is already assigned to this court. It is a rule, that even where such application for transfer exists, the trial judge is to continue with hearing of the case, pending any contrary decision. Justice Hassan consequently, called on the accused to take his plea on the charge.
The plea was thus read to the defendant, Paul Usoro, SAN and he pleaded not guilty to all 10 charges.
After his plea, Counsel for the accused, moved a bail application on behalf of the accused, urging the court to admit him to bail on liberal terms of self-recognizance as President of the NBA.
He added that the International passport of the defendant would be deposited with the court as a measure, and would be applied for, whenever required.
Prosecutor did not oppose this application, leaving this to the discretion of the court.
The court went on to admit the NBA President to bail in the sum of N250 million, with one surety in like sum.
The court added that the surety must be owner of a landed property within the court’s jurisdiction, or a civil servant not lower than the rank of a Director in the Federal or State civil service.
The court ordered that the accused’s international passport also be deposited with the court’s registry, which will be verified if genuine.
The case was adjourned to February 5th, March 5th, and March 6th, 2019 for trial.
In a Charge Sheet marked FHC/418c/18, the EFCC has accused Usoro SAN of conniving with others to divert the sum of N1.4b of Akwa-Ibom State Government funds to personal use contrary to Section 18(a) of the a Money Laundering (Prohibition) Act and liable to be punished, if found guilty, under Section 15(3) of the same Act. The prosecution also alleges that the unlawful activity includes a criminal breach of trust which contravenes the provisions of section 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011.
Also named in the charge, is the incumbent governor of Akwa Ibom, Emmanuel Udom, who is described in the charge as being “currently constitutionly immune from prosecution”
THEODORA KIO-LAWSON