Judge backs out of Oronsaye’s trial

The trial of Stephen Oronsaye, former head of service of the federation, and his co-accused person, Osarenkhoe Afe, who are being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged N2 billion fraud, witnessed a new twist on Tuesday when Justice Gabriel Kolawale of the federal high court, Abuja, said he intended to return the case file to the chief judge for reassignment.

Tuesday’s proceeding was for the hearing of the bail applications filed by Oronsaye and others accused of using two companies – Federick Hamilton Global Services Limited and Xangee Technologies Limited – for shady biometrics enrolment deals to the tune of N2 billion.

On July 13, Justice Kolawole had released the accused persons to their counsel and fixed July 21 for hearing of the bail applications.

At the resumed sitting, prosecuting counsel, Rotimi Jacobs (SAN) told the court that it would be “extremely difficult for him to oppose the bail applications for the accused persons”, because in his view, “the act of the last sitting, in which Oronsaye was released by the judge, was tantamount to being released on bail” such that it might amount to a futile effort to now try to oppose their bail applications.

He said that it would be better, in the instance, to “focus on the conditions that would be attached to the bail”. He further noted that in the said bail application of Oronsaye were already a list of sureties that could stand for the accused person, an indication that the accused person was sure of being granted bail.

On his own part, Kanu Agabi (SAN), counsel to Oronsaye, further urged to court not to send his client to prison custody, saying “our prisons are bad” and averring that “bail can be granted on self recognizance”.

Oluwole Aladedoye, counsel to Afe, who also represented the third accused, Fredrick Hamilton Global Services Limited, added that since 2011 when investigations in the alleged fraud began, the accused had “never fled but honoured the invitations by the EFCC”.

A third accused person, Abdulrasheed Maina, former chairman of the Pension Task Team, who, although not listed in the charge, is said to be at large, sent a lawyer, Esther Uzoma, to debunk the allegation that he was at large.

Uzoma claimed that Maina never got any invitation from the EFCC to appear before it. “I came here to clear the perception that he is at large,” she said.

But Jacobs insisted that Maina had been at large, saying: “It is a good development. He (Maina) has not retired but he is not at his offices‎. He has been in Dubai.”

Jacobs urged the judge to extract an undertaking from Uzoma to the effect that she would produce her client in court.

In his ruling, Justice Kolawole expressed the view that the remarks of Jacobs, were in his view, “intended to intimidate the court”, which was tacitly alleging bias on the part of the court.

“I had wanted both defence and prosecution to come up with the terms of the bail, but the remarks of the prosecuting counsel that he will not oppose bail were, in my view, intended to intimidate the court,” he said.

“The accused persons are presumed innocent until the contrary is proven in a fair hearing.”

He thereafter granted bail to Oronsaye, in self recognisance, and ordered that his international passport be deposited with the chief registrar of the federal high court Abuja.

His co-accused was, however, not so lucky.

In addition to depositing his international passport with the court, the judge granted Afe bail in the sum of N50 million and two sureties each in like sum, who must be civil servants, retired or serving, either at federal or state government levels, not below grade level 16.

One of the sureties, the judge said, must have landed property within Abuja jurisdiction. The two sureties must produce evidence of tax payment for the past three years and show affidavit of means in event he jumps bail.

Justice kolawole gave Afe and his counsel till July 24 to meet the bail conditions or be remanded in Kuje Prisons, after which he fixed October 5, 2015 for mention, “to ascertain which judge will hear it.”

Before the judge took Oronsaye’s plea at the arraingment on July 13, he had warned against the peddling of rumours that he had a bias for the accused, stating that Oronsaye was only “officially” known to him.

“I abhor rumour mongering. Oronsaye is known to me just as Ibrahim Lamorde of the EFCC is known to me,” he said.

“I don’t know where he lives and he doesn’t know where I live. If anyone feels I can’t be impartial in this case, let them say so I can disqualify myself and return the file to the chief justice.”