By Patrick Ekpo
Jailed Professor Peter Ogban, who was convicted for electoral fraud levelled against him by the Independent National Electoral Commission (INEC), has appealed for bail.
Ogban was sentenced to 36 months of correctional service and told to pay a fine of N100,000 for count 2 and 1 respectively, after he pleaded for leniency.
However, he returned to the court on Thursday seeking for bail on the grounds of ill health, citing tuberculosis and hypertension as two of the health challenges he is facing.
In his appeal, Counsel to Ogban, Kanu Agabi mentioned some basis for which his client should be granted bail to include absence of criminal record, a university Don of repute, and ill health amongst others.
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Agabi who said his client was not in court to challenge the judgement as it was valid, noted that the appeal raises substantial issues of fact worthy of the attention of the judge and the Court of Appeal.
He urged the court to grant his request, and assured that his client will return to prison if the Court of Appeal fails to grant their request.
But Counsel to INEC, Clement Onwenwunor, opposed the bail application, and filed a counter affidavit of 21 paragraphs.
Onwenwunor said the applicant has lost his constitutional right to bail because he has been convicted, adding that the constitutional right to bail no longer belongs to him.
He argued that the applicant’s bail appeal on ill health does not qualify as exceptional, adding that the Supreme Court had submitted that only when an applicant’s ailment cannot be treated in prison and the prison authorities cannot arrange for treatment outside the prison walls is what qualifies for an exceptional reason.
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He insisted that the exhibit shows that the prison officials took care of the treatment in the hospital where the applicant has been treated for the last 10 years, saying the applicant never mentioned that he had cardiac failure, tuberculosis and hypertension.
After the submission of both Counsels to INEC and the defendant, Presiding Judge of Akwa Ibom State High Court 1 sitting in Ikot Ekpene, Justice Pius Idiong, adjourned the case for ruling to July 12, 2021.
