The Economic and Financial Crimes Commission (EFCC) counsel, RotimI Jacobs (SAN), has opposed a bail application filed by Orji Kalu’s counsel, Mr Lateef Fagbemi (SAN) on behalf of the former governor.
Fagbemi on Tuesday, December 17, prayed a Federal High Court in Lagos to grant his client bail from the Ikoyi Custodial Centre pending determination of an appeal against his conviction. He said the bail would enable Kalu to attend to his health as well return to the National Assembly to carry out service to the nation.
Speaking about the bail application, Jacobs said: “Although bail is generally a right of an accused as guaranteed by the Constitution, it is not a right available to a convict because the presumption of innocence had crystallized into guilt and conviction.”
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He said that such a bail could be granted in a situation where the term of imprisonment would have elapsed before determination of the appeal. He argued that that was not the situation with Kalu’s case.
On Kalu’s health condition, Jacobs said that there was no recent medical report to show his state of health, arguing that the medical report tendered in his case was done more than a year ago. Jacobs added that the request by Kalu to be released on bail so as to seek traditional medicine was not a tenable, as visitors were allowed into the custodial centre.
He said: “He says he needs his herbalist to treat him but he has not said that his herbalist came to the prison and was not allowed to see him. In one breath, the applicant is saying that he wants to be released on health grounds while in another breath, he is saying that as a senator, he needs to be released on bail so as to carryout his official functions.”
Citing the case of Federal Republic of Nigeria vs Joshua Dariye, he argued that the Nigerian criminal jurisprudence was robust enough to handle appeal and dispense with same within a reasonable time.
Besides, he argued that the medical facilities at the Ikoyi Custodial Centre were capable of handling Kalu’s medical condition. Liman adjourned the case until Dec. 23 for ruling on the bail application.