ABUJA — Former Governor of Imo
State, Mr. Ikedi Ohakim, who was on
Wednesday, remanded in the custody
of the Economic and Financial
Crimes Commission, EFCC, after he
was arraigned before the Federal
High Court sitting in Abuja over
money laundering charge, yesterday,
regained his freedom.
Trial Justice Ademola Adeniyi granted
Ohakim bail to the tune of
N270million.
Ohakim who was Imo state governor
between May 2007 and May 2011 is
answering to a three-count criminal
charge bordering on money
laundering, abuse of office and
misappropriation of public funds.
He was alleged to have looted the
sum of $2.290m from the state
treasury and used same to acquire a
mansion at the Asokoro District of
Abuja.
Shortly after he pleaded not guilty to
the charge on Wednesday, his
lawyer, Chief Chris Uche, SAN, made
an oral application for his release on
bail, a prayer that was turned down
by the court.
Justice Adeniyi directed the accused
person to file a formal bail
application, even as the matter was
adjourned till yesterday.
At the resumed sitting on the case
yesterday, Ohakim, via a 10-
paragraphed affidavit that was
deposed to by his wife, Chioma,
begged the court to allow him to go
home, saying he would be available
to face his trial.
His bail request was not opposed by
the prosecuting counsel Mr. Festus
Keyamo, who however urged the
court to okay accelerated hearing on
the matter.
Ruling on the application, Justice
Adeniyi placed reliance on the
decided case laws in Abiola vs FRN,
Asari Dokubo vs FRN, as well as that
of Uwazuruike vs FRN, and held that
the offence against Ohakim is
bailable.
According to Justice Adeniyi, in
granting bail to an accused person,
the court must consider the nature of
the charge, strength of the evidence,
gravity of punishment in event of
conviction, previous criminal record
of the accused, the possibility of the
accused not submitting himself for
trial, likelihood that he will interfere
with witnesses or evidence as well
as the likelihood that he will commit
another offence.
"This court has perused all the
processes and exhibits filed by the
parties. The essence of bail is for an
accused to attend his trial. Secondly,
under section 35 of the constitution,
an accused is presumed innocent
until proven guilty.
"The offences concerned are
bailable. I further refer to affidavit of
completion of investigation sworn to
by the EFCC.
"Therefore, this court will exercise its
discretion in favour of the accused.
Accordingly, the accused is granted
bail in the sum of N270million with
one surety who must be resident
within the jurisdiction of the court".
According to the court, the surety
must be an owner of a landed
property within the jurisdiction of the
high court and must tender the title
deed of such property to the Deputy
Chief Registrar, DCR, of the court for
verification.
In the alternative, Justice Adeniyi
held that such surety could depose
to an affidavit of means before the
DCR of the court in charge of
litigation.
More so, Ohakim was ordered to
surrender his international passport
to the court, pending the hearing and
determination of the charge against
him.
Further hearing on the case was
yesterday adjourned till October 20.
Specifically, two of the charges
against Ohakim read: "That you, Ikedi
Ohakim, on or about the month of
November, 2008 in Abuja, within the
jurisdiction of this Honourable Court
made a cash payment of $2,290,000.
00(Two Million, Two Hundred and
Ninety Thousand Dollars) which was
then an equivalent of about
N270,000,000.00(Two Hundred and
Seventy Million Naira) for the
purchase of the property known and
described as Plot No. 1098, Cadastral
Zone A04, Asokoro District, also
known as NO. 60 Kwame Nkrumah
Street, Asokoro, Abuja, which amount
exceeded the amount authorised for
an individual by section 1 of the
Money Laundering (prohibition) Act,
2004, and thereby committed an
offence contrary to the said section
and punishable by section 15(1)(d)
of the Money Laundering
(Prohibition) Act, 2004.
"That you, Ikedi Ohakim, on or about
the 26th of January, 2013, in Abuja
within the jurisdiction of Federal High
Court, while under arrest for an
offence under the EFCC
Establishment Act, 2004, knowingly
failed to make a full disclosure of
your assets by not declaring your
ownership of the property known and
described as Plot No. 1098, Cadastral
Zone A04, Asokoro District, also
known as NO. 60 Kwame Nkrumah
Street, Asokoro, Abuja, and thereby
committed an offence contrary to
section 27(3) (c) of the EFCC
Establishment Act, 2004 and
punishable under the same section."
VANGUARD
State, Mr. Ikedi Ohakim, who was on
Wednesday, remanded in the custody
of the Economic and Financial
Crimes Commission, EFCC, after he
was arraigned before the Federal
High Court sitting in Abuja over
money laundering charge, yesterday,
regained his freedom.
Trial Justice Ademola Adeniyi granted
Ohakim bail to the tune of
N270million.
Ohakim who was Imo state governor
between May 2007 and May 2011 is
answering to a three-count criminal
charge bordering on money
laundering, abuse of office and
misappropriation of public funds.
He was alleged to have looted the
sum of $2.290m from the state
treasury and used same to acquire a
mansion at the Asokoro District of
Abuja.
Shortly after he pleaded not guilty to
the charge on Wednesday, his
lawyer, Chief Chris Uche, SAN, made
an oral application for his release on
bail, a prayer that was turned down
by the court.
Justice Adeniyi directed the accused
person to file a formal bail
application, even as the matter was
adjourned till yesterday.
At the resumed sitting on the case
yesterday, Ohakim, via a 10-
paragraphed affidavit that was
deposed to by his wife, Chioma,
begged the court to allow him to go
home, saying he would be available
to face his trial.
His bail request was not opposed by
the prosecuting counsel Mr. Festus
Keyamo, who however urged the
court to okay accelerated hearing on
the matter.
Ruling on the application, Justice
Adeniyi placed reliance on the
decided case laws in Abiola vs FRN,
Asari Dokubo vs FRN, as well as that
of Uwazuruike vs FRN, and held that
the offence against Ohakim is
bailable.
According to Justice Adeniyi, in
granting bail to an accused person,
the court must consider the nature of
the charge, strength of the evidence,
gravity of punishment in event of
conviction, previous criminal record
of the accused, the possibility of the
accused not submitting himself for
trial, likelihood that he will interfere
with witnesses or evidence as well
as the likelihood that he will commit
another offence.
"This court has perused all the
processes and exhibits filed by the
parties. The essence of bail is for an
accused to attend his trial. Secondly,
under section 35 of the constitution,
an accused is presumed innocent
until proven guilty.
"The offences concerned are
bailable. I further refer to affidavit of
completion of investigation sworn to
by the EFCC.
"Therefore, this court will exercise its
discretion in favour of the accused.
Accordingly, the accused is granted
bail in the sum of N270million with
one surety who must be resident
within the jurisdiction of the court".
According to the court, the surety
must be an owner of a landed
property within the jurisdiction of the
high court and must tender the title
deed of such property to the Deputy
Chief Registrar, DCR, of the court for
verification.
In the alternative, Justice Adeniyi
held that such surety could depose
to an affidavit of means before the
DCR of the court in charge of
litigation.
More so, Ohakim was ordered to
surrender his international passport
to the court, pending the hearing and
determination of the charge against
him.
Further hearing on the case was
yesterday adjourned till October 20.
Specifically, two of the charges
against Ohakim read: "That you, Ikedi
Ohakim, on or about the month of
November, 2008 in Abuja, within the
jurisdiction of this Honourable Court
made a cash payment of $2,290,000.
00(Two Million, Two Hundred and
Ninety Thousand Dollars) which was
then an equivalent of about
N270,000,000.00(Two Hundred and
Seventy Million Naira) for the
purchase of the property known and
described as Plot No. 1098, Cadastral
Zone A04, Asokoro District, also
known as NO. 60 Kwame Nkrumah
Street, Asokoro, Abuja, which amount
exceeded the amount authorised for
an individual by section 1 of the
Money Laundering (prohibition) Act,
2004, and thereby committed an
offence contrary to the said section
and punishable by section 15(1)(d)
of the Money Laundering
(Prohibition) Act, 2004.
"That you, Ikedi Ohakim, on or about
the 26th of January, 2013, in Abuja
within the jurisdiction of Federal High
Court, while under arrest for an
offence under the EFCC
Establishment Act, 2004, knowingly
failed to make a full disclosure of
your assets by not declaring your
ownership of the property known and
described as Plot No. 1098, Cadastral
Zone A04, Asokoro District, also
known as NO. 60 Kwame Nkrumah
Street, Asokoro, Abuja, and thereby
committed an offence contrary to
section 27(3) (c) of the EFCC
Establishment Act, 2004 and
punishable under the same section."
VANGUARD
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