ABUJA – An FCT High Court on Tuesday revoked the bail granted Emeka Ebilah, a former Secretary, National Economic Intelligence Committee (NEIC), for failure to attend court on three occasions.
Ebilah is the second accused in the alleged N107 million fraud case involving Vincent Ogbulafor, a former National Chairman of the Peoples Democratic Party (PDP).
Justice Ishaq Bello, who made the order after the submission of counsel, also issued a bench warrant for the immediate arrest of Ebilah.
He said Section 153 of the Criminal Procedure Code cited by the counsel to the second accused, Mrs Eghwere Osiaje, did not apply.
The judge said the section requiring the presence of the accused was for him to rebut any incriminating evidence that might be brought against him.
“In this case, none. What other evidence is there to determine. I do not think there is any, except to debunk the record of previous conviction,’’ he said.
He described the absence of the accused as the “fear of the unknown’’ and ordered his arrest.
Earlier, Osiaje had urged the court not to deliver judgment in the absence of her client, whom she said, was at the National Hospital, Abuja.
“I seek the court to grant an adjournment to allow Ebilah appear and listen to the judgment. This is desireable as it is part of fair hearing,’’ she said.
Osiaje cited Section 153 of the CPC and the Supreme Court decision in the State Vs Lawal and urged the court to indulge the accused another opportunity to listen to the judgment.
The Prosecuting counsel, Mrs Olayemi Akanmode, aligned herself with the argument of Osiaje.
Akanmode, however, admitted when asked by the court that the prosecution did not take any step to find out the truth about the state of health of Ebilah.
However, Ogbulafor’s Counsel, Mr John Egwuonwu, in his submission, said that the presence of the accused as posited in Section 153 of the CPC “is only desirable and not mandatory’’. [eap_ad_2] Egwuonwu argued that there would be no miscarriage of justice if the court delivered judgment in the absence of the second accused person.
He said it was necessary for him to be in court “only when there is a conviction and a sentence is being passed.
Egwuonwu contended that there was no medical evidence before the court on the state of health of Ebilah, adding: “it is his state of health that will determine whether he is fit to stand in court.’’
He said that Ogbulafor wanted to know his fate and had been consistent in court.
On the court’s request for input from the bar, Mr Samuel Ipinlaiye said the accused owed it a duty to be in court because it was a condition for his bail.
Ipinlaiye said although ill-health was recognisable exemption to trial, “it is the duty of the counsel to the second accused person to certify that the accused is so ill as not to appear in court.
“This contention can be verified with medical report from the hospital that he his lying ill.
“The scenario depicts that the accused person is staying away from the trial,’’ Ipinlaiye said.
Another friend of the court, Mr Chukwudi Chikelue, said the era of technicalities was over.
“The duty of the court is to dispense justice without fear or favour,’’ he said, and added that the delivery of the judgment would not lead to any miscarriage of justice.
“I urge my lord to deliver judgment today or in the alternative issue a bench warrant against Ebilah,’’ Chikelue said.
Chikelue argued that the second accused had not shown anything in court to convince the court that he was sick.
Ubong Awah, another friend of the court, urged the court to issue a bench warrant against the second accused in the interest of justice. (NAN) [eap_ad_3]