Lukman Olabiyi

Justice Riliwan Aikawa of the Federal High Court, Lagos, has granted an application seeking for the variation of bail conditions of embattled Chairman of the Nigerian Bar Association (NBA), Paul Usoro (SAN) who is currently standing trial over alleged N1.4 billion fraud. 

The application is seeking for permanent release of Usoro’s passport to allow him to attend to his foreign engagements.

Usoro was docked on 10-count charge leveled against him by the Economic and Financial Crimes Commission (EFCC).

The anti-graft agency accused the NBA boss of laundering N1.4 billion belonging to Akwa Ibom State government,

According to the EFCC, Usoro converted and laundered the money in connivance with the governor of his state, Governor Udom Emmanuel of Akwa Ibom State.

Udom was, however, not listed as a defendant in the charge, as the EFCC indicated that he is “currently constitutionally immured against criminal prosecution.”

At yesterday’s proceedings, Usoro through his counsel, Chief Wole Olanipekun (SAN), intimated the court about a motion dated April 3, seeking the permanent release of his client’s passport to allow him to attend to his foreign engagements.

The accused’s counsel urged the court to grant the motion, noting that the application was carefully worded in line with the circumstance of the case.

He also allayed fears about the possibility of the NBA president unavailability to stand for his trial, adding that in case of any clash between the trial date and his travel date, the trial date will prevail.

Responding to the motion, EFCC prosecutor, Rotimi Oyedepo, said he would not be opposed to granting of the motion by the court based on Olanipekun’s undertaking that the trial date is sacrosanct.

Oyedepo however, urged the court to mandate the defendant to notify the EFCC’s acting Chairman, Ibrahim Magu, anytime he wants to travel out of the country.

Justice Rilwan Aikawa while ordering the release of Usoro’s passport, however, directed the defendant to ensure that the EFCC chairman is notified anytime he wants to travel out of the country.

The proposed trial which was billed to go on Wednesday was however stalled due to pending applications.

Mike Ozekhome (SAN),  the counsel representing Akwa-Ibom officials against whom bench warrant was issued on the orders of the court, said EFCC just filed its counter-affidavit to his client’s motion seeking an order vacating the warrant.

He disclosed that the EFCC’s counter which was filed out-of-time contained a series of allegations against his clients which require his response.

Oyedepo however, countered Ozekhome’s claim; he argued that the proceedings were being regulated by the ACJA and that in the nation’s criminal jurisprudence, there is no law, except the specific direction of the court, that compels a party to file a written address.

In his own submission, the lawyer representing Governor Emmanuel of Akwa-Ibom State, Dr. Charles Mekwunye, also informed the court that he was served with EFCC’s counter-affidavit to his motion challenging the court’s jurisdiction on Monday.

Mekuonye thereafter sought for time to file his response to the counter.

Further hearing in the matter has been adjourned to May 10, 2019.

The anti-graft agency also mentioned in the body of the charges, one Nsikan Nkan, described as Commissioner for Finance, Akwa Ibom State; Mfon Udomah, described as the Accountant-General of Akwa Ibom State; Uwemedimo Nwoko, described as the Akwa Ibom State Attorney-General and Commissioner for Justice, and Margaret Ukpe, all of whom were said to be at large.

The EFCC claimed that Usoro in connivance with the others mentioned conspired among themselves to commit the offense sometime in 2015, “within the jurisdiction of this honorable court.”