A Federal High Court in Lagos on Tuesday fixed Oct. 18 to hear a bail
application filed by the Managing Director of Capital Oil and Gas,
Ifeanyi Uba, facing trial over alleged N43.29 billion fuel subsidy fraud.
Charged with Uba in the suit by the Police Special Fraud Unit (SFU)
at the Tinubu Magistrates’ Court in Lagos are Nsika Usoro, Godfrey
Okorie, Chibuzor Ogbuokiri, and Joseph Orji– all employees of the
company.
The SFU accused the men of economic sabotage, obtaining money by
false pretences,money laundering, forgery. and stealing of N43.291
billion, property of the Federal Government,
The defendants, who appeared before Magistrate Martins Owumi, were remanded in the SFU custody for 14 days.
Justice Okon Abang adjourned the case till Oct. 17 for the SFU to respond in writing to the motion before the court.The court, while adjourning the case, said that this would be the last adjournment in the bail application.
Mr Aderemi Adekile, counsel to the respondents, had appealed for
another adjournment to enable him respond to the motion on notice.According to him, there had been no time to respond to the converted
motion as directed by the court, due to the short time span.
“It is in the interest of justice for this weighty application to be
adjourned, so as to enable the prosecution put something on the other
side of the scale of justice,” he said.Counsel to the applicant, Mr Joseph Nwobike (SAN), opposed the
application, arguing that parties were bound by the record of the court
in which the order for hearing was made.
Nwobike said that it was not fair to extend time in favour of the
respondents, in a matter of fundamental human right enforcement which
the law stipulates should be treated with urgency.
“The only conclusion to be drawn from my learned friend’s application
for extension is that he has failed to obey the order of court for the
purpose of filing his response.“The application is unmeritorious and unjustifiable.
“If my lord grants this application for adjournment, then the
unlawful detention of the applicants would have gained judicial
certification and support,” Nwobike argued.Citing Order 4 Rule 4 of the Fundamental Human Right Enforcement
Procedure Rules, he urged the court to dismiss the application and hear
the motion on notice.
In his ruling, Abang pointed out that the court was a temple of
justice and it behoves on the respondent, having been served, to respond
as ordered by the court.“It is at the discretion of the court whether or not to adjourn, but
in doing this, the court is enjoined to take into consideration the
entire circumstances of the case.
“Justice delayed is justice denied, but also justice rushed, is justice quashed, I so hold” Abang ruled. (NAN)
