Justice Okon Abang of the Federal High Court, Abuja yesterday granted the embattled senator representing Borno South, Mr. Ali Ndume bail after spending five days at the Kuje Correctional Centre.
The lawmaker was sentenced on Monday, November 23 for failing to produce the former chairman of the defunct Pension Reform Task Team, Mr. Abdulrasheed Maina, whom he stood surety for.
The judge granted the bail following an application he filed from prison and approved his release on bail pending the determination of the 12 grounds of appeal he lodged before the Court of Appeal in Abuja to challenge the forfeiture proceedings the EFCC initiated against him.
Justice Abang said his decision to grant the bail application was based on the fact that Ndume “has been of good behavior and conduct”, and always submitted himself to the authority of the court, not withstanding his schedule of duties as the chairman of senate committee on Nigerian Army.
The court however dismissed Ndume’s contention that his continued detention would occasion hardship to both the senate and Nigeria.
Justice Abang held that the lawmaker ought to have taken into account the gravity of the charge against Maina before he deposed to an affidavit on May 5, wherein he pledged to always ensure his availability for trial or forfeit the N500m bail bond.
Though the trial Judge described Ndume’s pending appeal as “incompetent”, he said the peculiar circumstance of the case and the applicant’s respect for the court as an institution was enough to sway judicial discretion in his favour.
Justice Abang held that the trial court had the requisite jurisdiction to grant Ndume’s bail application since the record of appeal in the matter was yet to be compiled and transmitted to the Court of Appeal.
Consequently, the court ordered him to produce a surety who must be a respectable person who lives within the Federal Capital Territory, Abuja.
According to the court, the surety must be an owner of landed property in Abuja, with evidence of ownership.
It ordered Ndume to deposit his international passport to the chief registrar of the court pending the determination of his appeal.
More so, the court held that Ndume must sign an undertaking that he would within 10 days, compile and transmit the record of proceedings to the Court of Appeal.
Although the EFCC opposed his bail application, the judge still granted it despite saying that Ndume’s appeal failed on many other grounds.
Ndume had in the application he filed through his lawyer, Mr. Marcel Oru, described Maina’s action that led to his detention as “highly despicable”.
He had on October 19, told the court that he only met Maina once in his life before he decided to stand as his surety, being the lawmaker that represents his constituency.
The lawmaker said he was pressurised to stand surety for the defendant by three former governors he met at the Kuje Correctional Centre when he went to visit Maina after he was reported sick.
“As a senator serving him (Maina), his family, wife, mother, and uncle appealed to me to stand as a surety.
“I went to prison to confirm for myself whether he was actually sick and the prison officers told me that he was actually sick and appealed to me to be his surety so that he could have access to medical attention.
“Orji Kalu when he was in prison then, Joshua Dariye, former Governor of Taraba, Rev. Jolly Nyame, all appealed to me in the prison to assist him.
“It took me eight months my lord to take that decision. In fact, I have to be given an indemnity by his uncle signed by me, him, and a lawyer that Maina would always be in court.
“This is one of the professional hazards we face as lawmakers, representing the good, the bad, and the ugly.
“If I was not a serving senator, I wouldn’t have a cause to stand as surety,” Ndume said.
He said Maina who claimed to be ill, recently released a video clip that went viral on social media, concerning his state of health, but refused to make himself available.
“I am helpless before you my lord. I appeal that such innocent citizens like me holding a public office for over one million people should not be subjected to this,” he added.
