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Thursday 2 June 2011

FORMER GOVERNOR OF ENUGU STATE GRANT BAIL BY HIGH COURT

Former governor of Enugu State, Senator Chimaroke Nnamani who was last week arraigned by the Economic and Financial Crimes Commission (EFCC) on allegations of corruption was yesterday granted an unconditional bail by an Enugu High Court.
Nnamani was admitted into bail without any strings attached because of the existing bail granted him by a Federal High Court, Lagos which he “has not for one day violated or disrespected.” The bail granted the estranged political godfather caused wild jubilation by his supporters who had thronged the court in solidarity with the ebeano political leader. The second accused person in the matter and Enugu based contractor, Chief Jacob Nwatu, who is also standing trial on allegations of collecting money for contracts not executed was also granted bail by Justice Benedict Agbata.

While granting them bail, Justice Agbata said he was conscious of the fears expressed by the EFCC lawyer, Mr. Kevin Uzozie in opposing the bail, that Nnamani is a man of abundance means that can tamper with the cause of justice if allowed bail. The judge said he will not, however, deviate from the ruling of the Federal High court, Lagos that granted the accused person bail on November 6, 2007 in charge number FHC/L/09C/07.

“I adopt the ruling of my brother Justice E. F. Olayiwola in granting the prayer of the applicant’s counsel to allow him stand on the existing bail that there has never been a complaint of him breaching the conditions attached to it.
In his application for bail for Nnamani, Ricky Tarfa (SAN) had prayed the court to grant an order allowing Nnamani to continue on an earlier bail granted him by a Federal High Court in Lagos on Suit Number FHC/L/09/C/07 in respect of the information therein pending trial and final determination of the matter or in alternative, an order granting bail to Nnamani on liberal terms.

He argued that in exercising its discretion in granting the bail, the court should take into consideration that Nnamani voluntarily submitted himself to the authorities; and urged the court not to impose new conditions, rather the ones given by the Federal High Court.

Counsel to the Economic and Financial Crimes Commission (EFCC) Barrister Kelvin Uzoezie opposed the application for bail and supported this with a counter affidavit, dated and filed on June 1, 2011 and served the applicants lawyers inside the court. Uzoezie argued that bail is at the discretion of a court therefore the Enugu Court cannot be bound by the ruling of the Federal High which the applicants are relying upon.

He prayed the court to reject the bail application and rather grant an order for accelerated hearing as Nnamani was a man of great wealth and influence and is not likely to submit himself to trial when he knows that punishment is imminent. The former governor was last Thursday arraigned before an Enugu High Court on 15 count charge of corruption and embezzlement of various sums of money said to be for roads reconstruction in Enugu State.

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