Date Published: 04/26/10

Travel Documents: Court demands N10 billion bond from Ugbane

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. 

Femi Babafemi

Head, Media & Publicity

Monday