The suspended Chairman of the Nigeria Electricity Regulatory Commission (NERC) Dr. Ransome Owan and six of his commissioners are to remain in EFCC’s custody pending the determination of the  bail application brought before an Abuja High Court by the accused persons through their counsel, a statement from the Commission said.

Owan, Mallam Abdurahman Ado,(Market Competition and Rates) Professor Onwuamaeze Iloeje, ( Research and Development) DR. Abdurazaq Alimi, ( Legal Licensing and Enforcement) Engr. Mohammed B. G. Bunu (Finance and Management Services), Engr. Abimbola Odubiyi (Engineering Standard and Safety) and Dr. Grace  Eyoma (Government and Consumer Affairs) were all arraigned by the EFCC on Wednesday 22^nd April,2009 before Justice Salisu Garba of the FCT High Court in Maitama, Abuja for allegedly converting over N5 billion of public funds into their personal use.

Moving his written application for bail in respect of his client Paul Erokoro, counsel to Owan and Ado, averred that the prosecution did not attach any court order supporting its claim that the accused were detained based on a court order.

He equally said the prosecution did not deny in its counter affidavit that the accused persons were on its administrative bail before their arraignment.  He urged the judge to discountenance the claim that his clients would interfere in the trial if granted bail stating that they could not legally nor physically do so as they have already been suspended and a sole administrator appointed in their stead.

Counsel to   Iloeje, Peter Ezeh , argued that if his client had wanted to abscond he would have done so since February when he was granted  EFCC bail .He nonetheless, posited that even if his client had wanted to jump bail he could not do so as EFCC is in custody of his International Passport.

On his part, Layi Babatunde (SAN) alleged that almost all the paragraphs contained in the prosecution’s counter affidavit were speculative and amounts to legal conclusions. ‘This affidavit has largely tried to tell the court what to do”, he said. He also said some documents used in the affidavit may  not be admissible. Babatunde said that his client should be granted bail with regards to his status as a senior member of the bar for over 30 years. ‘He is a gentleman, and knows the consequence of abscondment. As a lawyer and counsel, he is ready to clear his name by standing trial’, he stated.

Abayomi, in his motion, argued that since his clients, Bunu, Odubiyi and Eyoma, have deposited that they were innocent in their different affidavits, the court should deem them as such by granting them bail. He equally urged the judge to consider the personality  of the accused whom he called, highly respected and world class professionals in granting them bail. “I am not only asking that they be granted bail but that it be on liberal grounds”, Abayomi urged.

Opposing all the applications, prosecution counsel, Godwin Obla filed a counter affidavit in respect of each application and went ahead to file a formal written argument also   in opposition to the suspects’ affidavit.

He argued that the submission of the defence counsel that their clients are men of high status remains the same reason why they should not be granted bail.’ My lord, I urge you to also consider their status and ask yourself whether anybody with such status can risk staying in jail for 14 years. This is actually a disincentive for them to attend to their trial and an incentive for them to jump bail.”

Obla further revealed that another ground for refusing bail was that investigations in totality of the allegations against the accused have not been concluded and that it was likely more charges will be preffered against the accused persons.

As to whether his document could be admissible, the EFCC counsel said ,the argument should be discountenanced as the law recognized that no straight rule binds the tendering of evidence at this stage.

He called as semantic and mere legal exercise the submission that his paragraphs in the counter affidavit were just legal conclusions and opinions. “It is well known and supported by legal authorities that there is a thin line between legal conclusion and statements of facts.”

He said that the prosecution has provided sufficient materials to justify why the court should not exercise its discretion in favour of granting bail.

The Judge adjourned ruling on the bail application to Tuesday April 28,2009 .He ordered that the 4^th accused, Dr. Abdulrazaq Alimi be taken to Lagos to see his doctor as requested by his counsel in his affidavit.