An Imo State High Court has caused a serious
stir after granting accused persons bail even
before they had been tried by law.
Fraud suspects identified as Angela Uwakwem,
Emmanuel Ajayi and his company, Swiss Biostadt
Limited, have bee draggd to court by the
Economic and Financial Crimes Commission.
According to Premium Times, proceedings in
their planned arraignment,however, began on a
controversial note Tuesday as Justice Florence
Duruoha Igwe of the Imo State High court Owerri
granted the accused persons bail without first
taking their plea.
A statement by EFCC spokesperson, Wilson
Uwujaren, said her lordship upheld the arguments
of the defence counsel, Chukwuma Ekomaru
(SAN), that the accused persons cannot take
their plea until the application challenging the
jurisdiction of the court is determined.
Prosecuting counsel, Mainforce Ekwu had argued
that the correct position of the law was that the
plea of the accused persons be taken before the
application for bail can be considered, and only
then can the objection to quash the charges for
lack of jurisdiction be heard.
But Justice Igwe ruled in favour of the accused.
“I am minded to consider the application
challenging the jurisdiction of the court before
taking the plea of the accused persons, and will
also take the accused motion for bail before their
arraignment and plea,” the Judge said.
In view of the ruling, Mr. Ekomaru (SAN), and
Ugeh S. Ogidi, counsel for the first and second
accused respectively, moved their motions for
bail for the accused persons.
The court granted the accused persons bail, and
ruled that each of the accused produce one
surety each, with landed property in Owerri and
evidence of two years tax clearance, and must
each enter a bond of N1,000,000.00 (One Million
Naira only).
Justice Igwe then adjourned to January 24, 2017,
to consider the motion challenging the
jurisdiction of the court.
Mr. Uwakwem is in court for awarding several
inflated contracts to a company called Swiss
Biostatd Limited, belonging to the second
accused Mr. Ajayi.
File image used only for illustrative purpose
