When the case was called for hearing, on Friday, counsel for the EFCC, Kemi Pinheiro, SAN, notified the court of the intention of the prosecution to withdraw an earlier application for abridgment of the earlier date fixed for arraignment.
He said the application had been overtaken by events.
The lawyer to the former governor, Joseph Daudu, SAN, did not object and Justice Nwite, accordingly granted the request.
After the defendant had taken his plea, Daudu made clarifications on the reasons he had not been in court during the previous hearings.
“I would like to place on record that for any impression that might have been created that the defendant did not wish to appear before your lordship.
“Coincidentally, the ruling on my lord’s sitting this morning dealt with the issue of jurisdiction.
“What the defendant did was to ask his counsel to challenge the jurisdiction of the court, which got to the Court of Appeal and the Supreme Court.
“So it was not a wishful disrespect but he was only trying to defend himself.
“So we all hold your lordship in high esteem. If that impression must have been, he would not have presented himself for arraignment.
“That episode is gone and things are clearer now,” he said.
While moving an application for bail, Daudu assured that the former governor would always be present in court for the trial.
“I am saying this with the highest sense of responsibility that the defendant, a two-term governor of Kogi State, who travelled only two times out of his eight years in service, will always be present in court at all times.
“There should be no apprehension that he will jump bail.
“So we urge your lordship to grant us very reasonable conditions of bail such that he will be able to bear,” he added.
He commended the prosecution counsel, saying he had conducted himself on the best tradition because the matter was not a do-or-die one.
He said they had agreed that the counsel would not stress the court over the issue of bail.
The Prosecution Counsel concurred.
Responding, Pinheiro also thanked Daudu for his assurance.
He confirmed that both lawyers had had discussion on the issue of bail for the defendant.
“I must express my honour to the very eminent lead senior counsel. He is a man of immense stature, not because of his size.
“I do respect him as president of NBA. I also confirm that we have been engaging in series of discussions to ease the burden on your lordship in compliance with Rule 26 of Rules of Professional Ethics.
“I also note that your lordship had delivered not less than five rulings in this matter and it is our aim to ease the work.
“We are prosecutors not persecutors. So EFCC is a professional commission; a prosecutorial and not persecutorial commission,” he said.
“We accept the assurances of the very eminent SAN that the defendant will make himself available subject to your lordship’s discretionary terms that may be imposed.
“By so doing, we will ease the burden on the court.
“Therefore, we will not be opposing the eminent SAN’s submission,” he said.
Pinheiro said though they had filed a counter-affidavit, they would not oppose the bail, going by the assurances of Daudu.
Ruling on the bail application, Justice Nwite said, “I have listened to the submissions of both counsels. It is not in dispute that both counsels have filed applications in respect of the bail application.”
He said the right of the defendant and the prosecution must be taken into account in granting bail.
The judge held that having not opposed the bail plea, he was minded to change his earlier stand on the matter.
NAN reports that the ex-governor was earlier, on Tuesday, remanded in Kuje Correctional Centre by an High Court in Abuja on a fresh N110 billion charge by EFCC, pending his bail application.(NAN)(www.nannews.ng)
