Godwin Tsa, Abuja
The legal battle by British businessman James Nolan for a soft landing over his alleged complicity in the Process and Industrial Development (P&ID) $9.6 judgment against Nigeria failed on Monday before the Abuja division of the Federal High Court.
Nolan and Adam Quinn (at large) were charged before the court by the Economic and Financial Crimes Commission (EFCC) for their roles in the $9.6 billion judgment debt secured by P&ID.
The Briton, who was granted bail by Justice Okon Abang, failed to secure a variation of his bail conditions as his application was dismissed for lacking in merit.
Justice Okon Abang, who dismissed the prayer, said the application lacked merit and adjourned the case till Tuesday for the continuation of trial.
He gave the ruling after he had taken the arguments of the prosecution and defence counsel in the matter.
The judge wondered why Nolan did not respond to the serious allegation levelled against him by the Economic and Financial Crimes Commission (EFCC) that he forged a resident permit and would flee from the country if granted bail.
The judge said: “I took a risk in admitting the 3rd defendant (Nolan) to bail.”
Justice Abang had earlier fixed December 6 for hearing on the bail variation but adjourned till December 9.
He had on November 7 granted Nolan bail in the sum of N500 million.
The judge also ordered the defendant to produce a surety in like sum.
According to him, the surety must be a Nigerian and a serving senator not standing any criminal trial in any court in Nigeria.
He further held that the proposed surety must submit a three year tax clearance certificate and sign an undertaking to always be present in court with the defendant throughout the duration of the trial.
“The senator must have a landed property fully developed in Maitama District of Abuja and fully certified by the FCDA.
“The surety must submit two passport photographs,” Judge Abang had ruled.
He also ordered the defendant to surrender all his international passports and mandated the Nigerian Immigration Service (NIS) to confirm how many passports were issued to him within the past 20 years.
The EFCC had on October 21 arraigned Nolan and Adam Quinn over their alleged complicity in the $9.6 billion judgment against Nigeria by a British court.
The Process and Industrial Development (P&ID), an Irish engineering company, had secured the award against Nigeria following the non-execution of a 20-year Gas and Supply Processing Agreement (GSPA) the company had with the Federal Government.