In an unprecedented decision, a judge has granted bail to a former council chairman already serving a prison term for fraud
Justice I. E Ekwo of
the Federal High Court Lokoja, Kogi State, Thursday gave what appears
an unprecedented ruling, granting bail to a former chairman of Adavi
Local Government Council, Enesi Jimoh, whom he had earlier convicted and
sentenced to six-month imprisonment without option of fine for
criminal misappropriation of public fund.
Mr. Jimoh, who was prosecuted by the Economic and Financial Crimes
Commission, EFCC, was found guilty by Justice Ekwo on November 13, 2013
of converting N7 million belonging to the Council for personal use,
according to a statement Thursday by EFCC spokesperson, Wilson Uwujaren.
He was arraigned by the EFCC alongside one Samuel Abiodun Ojo, a
Commissioner for Agriculture, in March 31, 2010. Mr. Ojo was however
discharged by the court after a no-case submission was filed by his
counsel in June, 2012.
Mr. Uwujaren said upon his conviction, the former council boss,
through his counsel, Olu Agunbiade, filed an appeal seeking a review of
his conviction. Mr. Agunbiade wrote to the prison authorities in
Koton-Karfe demanding the health status of the accused person. On the
strength of that letter, the prison authorities took the convict to a
specialist hospital where he was allegedly diagnosed of lung cancer .
Mr. Agunbiade also presented to the court a letter from the prison
authorities stating that the hospital does not have facilities to treat
lung cancer. On the strength of these letters, the lawyer prayed the
court to grant his client bail on health grounds
However, counsel to the EFCC, Wahab Shittu vehemently opposed the
application on the grounds that it would be tantamount to throwing the
prison gate open to convicted persons who would want to use health
issues to escape serving jail terms.
Mr. Shittu also told the court that the presumption of innocence
was no longer available to the convict having been convicted and
sentenced.
While dismissing the application as incompetent, Mr. Shittu assured
the court that the state would give adequate medical attention to the
convict even if it means sending him abroad for treatment
However, in his ruling, Justice Ekwo granted the convict bail in
the sum of N15million and one surety in like sum. The surety must be a
responsible citizen and owner of landed property within the jurisdiction
of the court which value shall not be below the bail sum. The original
title deed shall be deposited at the court registry and the surety shall
depose to an affidavit of means.
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