Justice Okon Abang of the Federal High Court in
Lagos yesterday struck out the bail application filed before him by the Managing
Director of Capital Oil and Gas Limited, Patrick Ifeanyi Uba, and four others
charged with alleged fuel subsidy fraud, for concealment of fact.
Justice Abang in a ruling on the bail application held that it is incompetent, defective and so, incurable by amendment.
However, after the ruling, Nwobike informed the court that the applicants had already been admitted to administrative police bail on Friday, October 19 by the Special Fraud Unit.
The Judge, during the proceeding, also lambasted counsel to Uba, Joseph Nwobike (SAN), for failing to inform the court that the applicants were detained on a subsisting order of remand made by Magistrate Martins Owumi.
The court also noted this fact was not deposed to by the applicants' counsel in their affidavit of urgency before the court, neither did they inform the court that they had a pending bail application before the same magistrates' court.
"I have gone through the affidavit filed by the applicants' counsel, and I find no place where it is stated that the there was a subsisting order for remand by the magistrate court.
"I cannot possibly comprehend why the learned SAN has chosen to hide this fact from the court," he said.
The Judge also stressed that although the applicants could bring an application for bail before the court, they could not do so under the Fundamental Human Rights Enforcement Procedure Rules.
"Where bail is refused an applicant at the magistrates' court, he has the right to bring his application before a higher court, but he has to do so within the confines of the law.
"I cannot make findings on the bail application of the applicants, brought pursuant to the Fundamental Human Rights Enforcement Procedure Rules.
Justice Abang in a ruling on the bail application held that it is incompetent, defective and so, incurable by amendment.
However, after the ruling, Nwobike informed the court that the applicants had already been admitted to administrative police bail on Friday, October 19 by the Special Fraud Unit.
The Judge, during the proceeding, also lambasted counsel to Uba, Joseph Nwobike (SAN), for failing to inform the court that the applicants were detained on a subsisting order of remand made by Magistrate Martins Owumi.
The court also noted this fact was not deposed to by the applicants' counsel in their affidavit of urgency before the court, neither did they inform the court that they had a pending bail application before the same magistrates' court.
"I have gone through the affidavit filed by the applicants' counsel, and I find no place where it is stated that the there was a subsisting order for remand by the magistrate court.
"I cannot possibly comprehend why the learned SAN has chosen to hide this fact from the court," he said.
The Judge also stressed that although the applicants could bring an application for bail before the court, they could not do so under the Fundamental Human Rights Enforcement Procedure Rules.
"Where bail is refused an applicant at the magistrates' court, he has the right to bring his application before a higher court, but he has to do so within the confines of the law.
"I cannot make findings on the bail application of the applicants, brought pursuant to the Fundamental Human Rights Enforcement Procedure Rules.
"The applicants cannot use this rule to
challenge a subsisting order of court. Whether the magistrate had or exceeded
its jurisdiction, is entirely a different issue.
"The learned SAN should have employed either of three modes in bringing his bail application before this court.
"The applicants could have appealed against the order for remand made by the magistrate, before the High court, pending the arraignment of the applicants, or, apply for an order of Cetorarai, to purge that order, pending their arraignment, or, apply to the high court for a fresh summons for bail pursuant to Section 118 of the Criminal Procedure Act (CPA).
"I cannot consider counsel's application for the applicants to be released on bail under the fundamental rights enforcement procedure, this relief cannot be sought under that law.
"This is not a sentimental or emotional issue, it is an issue of law, because there already exist a subsisting order of court.
"The police possess the constitutional right to arrest any person accused of committing an offence, even if it is based on suspicion.
"In the final analysis, the preliminary objection of the respondent subsists in part and the application of the applicants struck out, with no order as to cost. I so hold" Justice Abang ruled.
"The learned SAN should have employed either of three modes in bringing his bail application before this court.
"The applicants could have appealed against the order for remand made by the magistrate, before the High court, pending the arraignment of the applicants, or, apply for an order of Cetorarai, to purge that order, pending their arraignment, or, apply to the high court for a fresh summons for bail pursuant to Section 118 of the Criminal Procedure Act (CPA).
"I cannot consider counsel's application for the applicants to be released on bail under the fundamental rights enforcement procedure, this relief cannot be sought under that law.
"This is not a sentimental or emotional issue, it is an issue of law, because there already exist a subsisting order of court.
"The police possess the constitutional right to arrest any person accused of committing an offence, even if it is based on suspicion.
"In the final analysis, the preliminary objection of the respondent subsists in part and the application of the applicants struck out, with no order as to cost. I so hold" Justice Abang ruled.
It will be recalled that Ifeanyi uba, Nsika
Usoro, Godfrey Okorie, Chibuzor Ogbuokiri, and Joseph Orji, were ordered to be
remanded on Oct. 11 by Magistrate Martins Owumi of a Tinubu Magistrates' court,
for 14 days at the special fraud unit (SFU).
The order for remand was made based on an application for remand signed by Superintendent of Police of the SFU, Effiong Asuquo, against the Five suspects over an alleged fuel subsidy fraud.
The order for remand was made based on an application for remand signed by Superintendent of Police of the SFU, Effiong Asuquo, against the Five suspects over an alleged fuel subsidy fraud.
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