A Civil Society Organisation known as Professionals for Integrity and Good Governance has called on the President, Major General Muhammadu Buhari, (retd.), and the National Judicial Council to probe a “controversial bail” granted to Senator Bassey Akpan (Young Progressives Party, Akwa Ibom North-East) after being convicted for fraud.
A Federal High Court sitting in Uyo had on December 1, 2022, sentenced Senator Akpan to seven years imprisonment on each of the six counts preferred against him by the Economic and Financial Crimes Commission.
The Co-Convener of the CSO, Morris Alozie, at a press conference in Abuja on Monday, stated that granting Akpan bail was a ridicule on the country’s legal system.
Alozie further described the bail as a setback for the fight against corruption in the country if allowed to stay.
He alleged that although Akpan was allegedly granted bail on the basis of ill health, he has continued to engage in hectic and physically exacting political activities and sports thereby making the reason for his bail highly suspicious and questionable.
He said, “We therefore call on the President, Major General Muhammadu Buhari(retd.), to cause an investigation into the circumstances leading to the removal of Senator Bassey from Ikot Ekpene Custodial Centre to a hospital in total disregard to the provisions of the law, an act that derails his fight against corruption, and bring to book the perpetrators of this dastardly act.
“Call on the National Judicial Council to cause investigation to be carried out on Hon. Justice S. I. Mark for granting bail to Senator Bassey on legally untenable and suspicious grounds.
“Call on the Attorney General of the Federation and the Chairman of the Economic and Financial Crimes Commission to commence in earnest the process of appealing against the decision releasing Senator Bassey forthwith in accordance with the avowed stance of the present government against corruption.
“Since Senator Bassey is fit to play golf, he is also fit to remain in prison, a more relaxing and resting place, for an egregious crime of money laundering he committed.”
The group further posited that allowing Senator Bassey to work scot-free puts our legal system in bad light and gives an impression that there is no consequence for bad behaviour especially after the court has found the person guilty.
Alozie added that after the conviction, Akpan was taken to the Ikot Ekpene Custodial Centre, to serve his prison term.
He stated, “The development was lauded by fair-minded individuals in the society as it marked a quantum leap in the fight against corruption.
“Disturbingly, after the conviction, Senator Bassey only spent few days at a Custodial Centre as he was moved to hospital by prison officials in controversial circumstances and in total disregard of the conditions set in section 25(1) of the Nigerian Correctional Service Act, 2022, which requires that before an inmate is removed to a hospital, such an inmate must be seriously ill, a medical officer of the centre must certify to the ill-health, and there is no suitable accommodation at the centre.
“Senator Bassey was not seriously ill, the Centre’s medical Officer did not certify his purported ill-health and Ikot Ekpene Custodial Centre, which is regarded as one of the best prison facilities in West Africa, has a suitable accommodation.”
The CSO convener further stated that the ruling that ensured the senator releases was an obvious case of abuse of judiciary power.
He said, “Furthermore, the senator rushed to the Federal High Court, Port Harcourt Judicial Division, even though he was convicted at the Uyo Division and sought for bail on the excuse that he has been battling with longstanding ailments (hypertension and diabetes) for 14 years.
“Questionably, the court presided by Hon. Justice S. I. Mark granted Senator Bassey bail contrary to judicial decisions of superior courts against granting of bail in such circumstance(s).
“The rapidity and swiftness at which the court granted the bail application is alarming and suspicious. It took a span of eight working days for the application to be filed, served on parties, argued, heard and determined by the court.
“The bail application was filed on the 16/12/2022 and ruling delivered on the 28/12/2022. Very uncommon! We state unequivocally that the medical excuse deployed to grant Senator Bassey bail is untenable at law.
“Many inmates in different Custodial Centres in Nigeria are suffering from some ailments that are more debilitating than that of Senator Bassey, but they have not been granted bail, let alone their bail applications being heard.
“Many sick inmates in critical conditions have been refused bail by the court, especially after their conviction, given that conviction depletes the veil of innocence generally conferred on a defendant or accused person before conviction by the Constitution.
“The release of Senator Bassey from prison once again brings to the fore the two ambiguous legal systems we operate in Nigeria: one, which serves the rich, high and mighty, and the other, which disservices the poor.
“It questions the very foundation of our legal system which the Constitution stipulates that it is hinged on social justice and rule of law.”
The group also alleged that since his release, Bassey had been seen playing golf and attending various political meeting including debates.
The group added, “He is well and whole at the moment. It takes a healthy person to engage in leisure, play golf, participate in debate, etc.
“On the other hand, rest is the best antidote to any sickness, and prison is the best place for rest, relaxation and idleness. If Senator Bassey is sick, prison is the best avenue for him to rest.
“Pointedly, just yesterday (Sunday, January 29, 2023), Senator Bassey attended and actively participated in the Akwa Ibom State Governorship Live Debate on television, which lasted for over two hours. This is a supposedly sick person who was granted bail because of ill-health.
“Assuming without conceding that granting bail to Senator Bassey was justifiable, the basis for which he was granted bail no longer exist.
In a swift reaction, the media aide to Senator Akpan, Mr Victor Essik, told our correspondent that the call by the CSO was “politically motivated.”
He also noted that the people making such a call were idle political jobbers who should be concerned about the massive unemployment and unconscionable debt burden Udom government was leaving behind.
Essik said, “Senator Akpan was duly granted bail by a competent court of law on health grounds, and since then he has been attended to by his doctors. He has never attended political campaigns as his wife and his campaign organisation, Akwa Ubok Abasi Campaign have been embarking on campaigns while his doctors have been attending to him.
“The group’s action is a panic call given the fact that the governor’s stooge, Umo Eno, continue to lose credibility and support of the people given many legal hurdles and moral crises hanging on his neck.
“Senator Albert only participated in the recent debate governorship candidate online from his house on doctor’s instructions, so he is not breaching any conditions for his bail.”
