Court Grants NBA President Bail Over Alleged N1.4bn Fraud

Court Grants NBA President Bail Over Alleged N1.4bn Fraud

 Justice Muslim Hassan of the Federal High Court in Lagos on Tuesday granted the embattled President of the Nigerian Bar Association, Mr Paul Usoro (SAN) bail in the sum of N250 million with one surety in like sum.

The judge granted Usoro bail after he was arraigned before him by the Economic and Financial Crimes Commission (EFCC) a ten-court charge of laundering the sum of N1.4bn belonging to the Akwa Ibom State government.

The EFCC claimed that Usoro converted and laundered the money in connivance with the governor of his state, GovernorUdom Emmanuel of Akwa Ibom State.

The anti-graft agency also alleged in the charge that the NBA President in connivance with the others mentioned in the charge conspired among themselves to commit the offence sometime in 2015 “within the jurisdiction of this honourable court”.

The EFCC maintained that the N1.4bn allegedly converted and laundered by the defendants belonged to the Akwa Ibom State Government.

The commission insisted that offence is contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.

He, however, pleaded not guilty to the charge.

 After his plea was taken, Usoro’s counsel, Chief Wole Olanipekun urged the court to grant him client bail on self- recognition, the application was not opposed to by the prosecutor, Rotimi Oyedepo.

However, the court admitted Usoro to bail in the sum of N 250 million, with one surety in like sum.

The judge directed 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 further ordered that the defendant’s passport be deposited with the court’s registry which will then be verified if genuine.

The court then ordered that Usoro be handed over to one of his counsel, Bassey Effiong (SAN), pending the perfection of his bail terms.

Earlier, Chief Olanipekun had expressed his opposition to his client’s arraignment on the ground that a letter written by the NBA president to the Chief Judge of the Federal High Court, Justice Abdul-Kafarati seeking the transfer of the case from the court.

The senior lawyer said, “I owe a duty to advise the court that the defendant made available to his lawyers, a copy of a letter dated 17th December, 2018, addressed to the Chief Judge of the Federal High Court praying for the transfer of the case to any judicial Division between Uyo and Abuja or if in Lagos to any other judge apart from my lord presiding.

“The application is very innocuous and was written by virtue of the legal right of the defendant.

“We understand that a copy of the letter has been served on the court and since the letter is before the Chief Judge, the proper thing is to await his decision as a mark of respect for him”, the silk said.

But in his reply, Oyedepo, urged the court to discountenance Olanipekun’s submissions.

Oyedepo submitted that the ruling of the court fixing Tuesday for the arraignment of the defendant has not been set aside.

He was of the view that the defence can only raise any objection after the plea of the defendant has been taken.

The lawyer urged, “It was not the contention of the defence that the ingredient of the alleged offence did not take place in Lagos. The events that will lead to the transfer of the case to either Uyo or Abuja Division are not available.”

Oyedepo also maintained that apart from the letter to the CJ, there was no formal application before the court seeking a recuse, and that the prosecution was entitled to join issues on same.

In a short ruling, Justice Hassan held, “I have listened to the submissions of counsel, and I have also read the letter written to the Chief Judge.

“The issue for determination is narrowed down to whether the defendant can take his plea in the circumstance,” the judge noted.

Justice Hassan further held that although it is not in dispute that the Chief Judge reserved the right to transfer cases, the instant case was already assigned to his court.

He added that it is a rule that even where such application for transfer exists, the trial judge should continue with hearing of the case, pending any contrary decision.

The court, consequently, called on the accused to take his plea on the charge.

He therefore concluded that arraigning the defendant will not preclude the Chief Judge from taking decision on the letter.

He thereafter ordered that the charge be read to the defendant.

 After which he adjourned the case until February 5 for trial.

 Although the name of the governor of Akwa Ibom State was not listed as a defendant in the charge but his name was mentioned in the body of charge but the anti-graft agency indicated that he is “currently constitutionally immune against criminal prosecution”.

Other mentioned in the body of the charges but said to be at large, were: the Commissioner for Finance, Akwa Ibom State, Nsikan Nkan, the Accountant General of Akwa Ibom State, Mfon Udomah, the Akwa Ibom State Attorney General and Commissioner for Justice, Uwemedimo Nwoko and one Margaret Ukpe.