After spending two days in
prison, Peter Nwaoboshi, a Peoples Democratic Party (PDP) senator representing
Delta north, was on Friday granted bail on self-recognizance.
The lawmaker was arraigned
alongside two companies — Golden Touch Construction Project Ltd and Summing
Electrical Ltd — on a two-count charge of fraud and money laundering before
justice Mohammed Idris.
Although Nwaoboshi had pleaded
not guilty to the charges, he was remanded in Ikoyi prison.
Delivering his ruling on the
motion for bail on Friday, Idris held that based on the entirety of processes
filed, it was settled law that the court was enjoined to consider a fair
dispensation of justice.
He held that the provisions of
the Administration of Criminal Justice Act have not voided the power of the
court to grant bail, otherwise, same would have been refused.
Idris said: “The power of the
court to grant bail in non capital offences is discretionary and the court
cannot exercise its discretion indiscriminately.
“There is the presumption of
innocence of an accused until guilt is established.”
Idris said Nigerian judges could
not feign ignorance of the country’s corruption ranking in the world and,
therefore, must avoid any act that would “trigger a look of disdain, on the
country’s green passport”.
He noted that although medical
evidence was led as to the applicant’s ill-health, there was, however, no
further evidence to show that his condition had deteriorated.
Idris further held that there was
nothing “wavy in granting bail to the accused”, adding that “the seriousness of
the issue is a more reason for prompt arraignment and accelerated hearing of
the case”.
He said: “Bail is not a
punishment but a means to secure the presence of the accused to stand trial and
I find the paragraphs of the affidavit very significant.
“In my view, a defendant who has
been on administrative bail and has been visiting the commission as shown in
the affidavit, cannot be a flight risk.
“The law provides for equal
dispensation of justice which simply means fair treatment, but in doing so, the
court must not blindly follow the submissions of counsel, after all, the
loosing party will always say injustice has been done.”
Idris added that the phrase
“substantial justice” was used simply because “it is impossible to achieve
total justice”.
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