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| Ikedi Ohakim |
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.”
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