Federal Capital Territory High Court sitting in Gwarimpa, Abuja, has fixed Thursday, December 18, to rule on the bail application filed by former Minister of Labour and Employment, Chris Ngige, in his ongoing trial over an eight count N2.2 billion contract fraud charge brought against him by the Economic and Financial Crimes Commission.
Justice Maryam Hassan fixed the date on Monday after hearing arguments from counsel to the EFCC, Sylvanus Tahir and counsel to the defendant, Patrick Ikwueto, for and against the application.
When the matter came up, Mr Tahir informed the court that the hearing had earlier been adjourned from Friday to Monday to allow the prosecution study the bail application, which was served on Friday morning and file a response.
He confirmed that the EFCC had since filed a counter affidavit.
“The prosecution filed a counter affidavit to the bail application today, December 15,” he said.
Arguing the application, Mr Ikwueto urged the court to grant bail, insisting that his client does not pose a flight risk.
He said the application, filed on December 11, sought bail on medical grounds and was supported by a further affidavit.
Addressing the EFCC’s counter affidavit, the defence counsel said the prosecution alleged that Mr Ngige was a flight risk and could flee the country, but failed to consider documentary evidence showing that the defendant lost his international passport in London during a medical trip.
He told the court that reports of the loss were made to the United Kingdom Home Office, the Nigerian High Commission in London and authorities in Abuja, adding that the EFCC did not state anywhere in its response that it investigated the claim and found it to be false.
Ikwueto argued that documents carry more weight than sworn statements, noting that the defendant could not travel without a passport.
“In this case, the issue is whether the defendant can flee. How? The defendant must have travel documents, and it is presently confirmed that he does not,” he said.
He added that if Ngige were a flight risk, he would not have returned to Nigeria after being granted administrative bail, explaining that he came back using an emergency travel certificate issued by the Nigerian High Commission in London.
The defence also told the court that the former minister has no prior criminal record and is no longer in office, making it impossible for him to commit the alleged offence again.
Ikwueto further raised concerns about his client’s health, saying he requires medical care and needs to be in good condition to stand trial.
Opposing the application, Tahir urged the court to refuse bail, arguing that Ngige breached the conditions of an earlier administrative bail by failing to return his passport and report to the EFCC upon his return to Nigeria.
He said although the defendant returned on November 14, he did not submit his travel documents to the commission or present himself to explain what happened.
Mr Tahir also questioned why the defendant swore an affidavit of loss in Abuja instead of in the United Kingdom where the passport was allegedly lost, describing it as a breach of bail conditions.
He argued that the application was an attempt to continue enjoying administrative bail already forfeited.
Citing Section 162 of the Administration of Criminal Justice Act 2015, the EFCC counsel said bail could be refused where a defendant undermines the objectives of the criminal justice system.
After listening to both sides, Justice Hassan adjourned the matter to December 18 for ruling on the bail application.
