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A Federal High
Court sitting in
Abuja on
Monday April 26 ruled that the
travelling documents of the Chairman,
Senate committee on Power, Senator
Nicholas Ugbane, who is being prosecuted
over a N5.2billion scam by the
Economic and
Financial Crimes Commission, EFCC,
will not be released to him until he
provides a N10 billion bond from a
reputable bank in Nigeria .
Justice Adebukunola Banjoko says that
such conditionality is necessary to
ensure that the Senator returns to the
court for his trial. Besides, the
Senator is to be guaranteed by a counsel
who will also assure the court that
Ugbane will not stay back abroad while
his trial lasts.
Justice Banjoko’s ruling is on the heels
of a motion filed by Senator Ugbane
through his counsel, Sunday Ameh, SAN,
requesting for his travelling documents
to enable him travel to
Virginia,
United States of America
to attend to his failing health. He had
told the court that he was suffering
from an eye defect which needed urgent
medical attention abroad. Prosecution
counsel, Chris Agbiti, who raised no
objection to the application however
insisted that it should be approved only
on conditions that will enable the
accused return for trial.
Justice Banjoko agreed with the
prosecution counsel that “only a healthy
person can attend court proceedings”.
She, however, explained that the release
of the travel documents was subject to
the applicant’s ability to meet the
court’s condition of providing a N10
billion bond from a reputable bank in
Nigeria and also an undertaking by a
counsel to guarantee the continued
appearance of the accused for the period
of the trial.
Justice Banjoko, had on
November 10, 2009,
thrown out an application by Ugbane
seeking to quash the EFCC’s 130 charges
against him. Ugbane is the 3rd accused
person arraigned alongside eight others
by the Commission on Thursday 14 May,
2009,
for criminal conspiracy, breach of
public trust, theft and misappropriation
of public funds and defrauding the
government to the tune of over N5.2
billion in the
Rural Electrification Agency
power project.
He had earlier asked the court through
his counsel, Barrister K.C Turaki to
quash the case against him for lacking
prima-facie evidence. He also said that
he was covered by immunity as a person
in the discharge of his legislative
duties. The nine accused persons have
also been separated in the fresh
charges. The three lawmakers are jointly
facing a 62 count charge while the other
six accused are jointly facing a 68
count charge. The three lawmakers are:
Hon. Godwin Ndidi Elumelu,
House of
Representatives Committee
Chairman on Power, Senator Nicholas
Yahaya Ugbane, Senate Committee Chairman
on Power and Hon. Jibo Mohammed.
The other accused persons are Engr.
Samuel Ibi
Gekpe, Dr.
Abdullahi Aliyu, Simon Kirdi
Nanle, Engr. Lawrence Kayode Orekoya,
Abdulsamad Garba Jahun and Barrister
Kayode Oyedeji. .
Hearing on the substantive case comes up
on May 10, 2010.
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