Granting Bail To Electoral Fraud Convict, Ogban, A Temporary Relief, Lawyers Say
• INEC Should Vigorously Pursue Appeal - Azinge • Allegation Of Conflict Of Interest Against Agabi Unsustainable - Prof Oyebode • Judge Should Have Refused Bail Application – Effiong
AT a time Nigerians are hailing the enactment of the Electoral Offences Commission to handle the prosecution of all cases of electoral fraud with a view to securing conviction, a High Court of Akwa Ibom State, last week granted bail to the only notable electoral fraud convict, Prof. Peter Ogban, thereby raising waves of criticisms.
Akwa Ibom State High Court 1 sitting in Ikot Ekpene, granted bail to the convict to the sum of N10 million, pending the determination of his appeal.
Ogban was given a 36- month jail term and a fine of N100,000 after the court found him guilty of electoral fraud leveled against him by the Independent National Electoral Commission ( INEC).
In granting him bail, the judge, Pius Idiong, said that the bail conditions would include a surety in like sum, who must reside and have properties within the jurisdiction of the court.
Others include the presentation of Certificate of Occupancy signed by the State Governor and two passport photographs each of the applicant and surety to the Registrar of the Court.
Justice Idiong had in line with the argument put forward by INEC in its counter affidavit opposing the bail application, held that though the applicant did not prove exceptional circumstance or unusual reason to be granted bail, the applicant may have to serve the terms of his sentence completely before the determination of his appeal.
The judge still went ahead and exercised his discretion in favour of the applicant, having held that the convict didn’t prove exceptional circumstances to warrant his release from custody.
INEC had taken Ogban to court on two- count charge of fraudulently tampering with the election results in favour of the All Progressives Congress ( APC) party during the 2019 General Election in Akwa Ibom North West Senatorial District.
The court had found Ogban, who acted as the Collation/ Returning Officer during the National Assembly elections, guilty for manipulating and falsifying the scores of election results in Oruk Anam and Etim Ekpo local government areas in favour of the APC.
Ogban tried to assist the APC candidate, Godswill Akpabio to win the senatorial election against the People’s Democratic Party ( PDP) candidate, Senator Chris Ekpenyong.
While Mr. Kanu Agabi ( SAN) represented Ekpenyong in the case filed by Akpabio, challenging his victory and discrediting the votes Ogban allocated to Akpabio, the lawyer currently represented Ogban in getting the bail in question, fueling speculations about conflict of interest on the side of Agabi.
Reacting to these developments, Professor of law, Akin Oyebode quoting Alphonse Karr, a French critic, said: “The more things appear to change, the more they remain the same.”
According to him, the electoral process is fraught with considerable fraud such that efforts should be geared toward tackling the menace more than anything else.
His words: “As we say it here, if you don’t obey the eleventh commandment, which is “though shall not be caught” you go in for it. The case of the Prof. was that he was caught in his hand in the till and he faced the penalty.