Udoedehe: treason charge political

DETAINED Action Congress of Nigeria (ACN) Akwa Ibom governorship candidate John Akpanudoedehe yesterday accused Police chief Hafiz Ringim of conniving with Governor Godswill Akpabio to keep him in the cooler.

The treason charge against him is politically motivated, designed to prevent him from contesting the election, he said.

He said the Police, on Ringim’s authority, last October, searched his homes in Uyo, the state capital and in Abuja over a phantom murder allegation. Nothing incriminating was found, he said.

Akpanudoedehe spoke through his counsel, Mr. Kola Awodehin (SAN), who led Mr. Ricky Tarfa (SAN), Chief Adeniyi Akintola (SAN), Prof. Yemi Osinbajo (SAN) and 11 other lawyers at the hearing of his bail application.

The former Minister of State for the Federal Capital Territory (FCT) was arraigned on a four-count charge of criminal conspiracy to commit treason before Justice Adamu Bello last Friday, after accepting Ringim’s invitation.

Outside the court room, some youths were protesting, demanding the candidate’s unconditional release.

They carried placards abusing Governor Akapabio and others with various inscriptions such as “Akwa Ibom is for ACN”; PDP is dead in Akwa Ibom”; and Governor Akpabio stay clear of Senator Akpanudoedehe”. 

The ACN campaign train on March 22 came under attack in Ikot Ekpene, Akpabio’s senatorial district. Nine ACN supporters were shot dead; scores were injured. The campaign was aborted.

The attack, it was learnt, followed a decision that only the Peoples Democratic Party (PDP) was allowed to campaign in Annang land, with headquarters in Ikot Ekpene, where Akpabio hails from.

The attack provoked a protest in Uyo where a mob burnt vehicles. ACN sympathisers were accused of the arson.

The Police accused Akpanudoedehe of levying war against the state, with intent to intimidate or overawe the governor.

But his lawyer told the court that the Police have no proof against Akpanudoedehe.

Moving the bail application brought pursuant to Sections 6, 35(4)(A)&(B) and 36(1)&(5) of the 1999 Constitution and Sections 118, 119 and 123 of the Criminal Procedure Act and the inherent jurisdiction of the court, Awodehin said the charge had no connection with his client in respect of the political unrest.

“As a matter of fact, the Applicant was charged before this honourable court without any proof of evidence, the process which is similar to the barbaric principle of Holding Charge which is merely meant to keep him in detention, pending when his election would have been concluded,” he said.

On claims that the Police were still investigating the matter, the counsel said the Prosecution had failed woefully to show cause why bail should be refused.

He referred to the case of Johnson v. Lufadeju (2002), 8NWLR (Pt.768) 192 paragraph D-F, where the court held that “before an accused is brought before the court, it should be assumed that the case is ripe for hearing, not for further investigation. He must not be there on mere suspicion, which cannot be regarded as reasonable suspicion under Section 35 of the Constitution. If there can be no sensible and prima facie inferences that can be drawn that an offence has been committed, then, the accused cannot be deprived of his liberty even for a second. There cannot be a ‘holding charge’ hanging over an accused, if investigations into the case against him have not been concluded”.

Awodehin recalled that Justice Aladetoyinbo of an Abuja High Court had on March 23, granted an order of injunction restraining the Inspector General of Police from harassing the applicant.

The Senior Advocate of Nigeria wondered why the Police ordered to provide adequate security and an enabling political environment to Akpanudoedehe are now the one victimising him, in the face of a subsisting order of the court.

He told the court that the applicant suffers from Polyuria, polydypsia and blurring vision with fasting blood sugar of 200/12 MMHG ailment and constantly needs medication, adding that his client had been denied access to his medication and regular contact with his doctor at Wuse General Hospital, Abuja and the United States. 

Awodehin urged the court to take judicial notice that the Applicant is a two-time elected Senator, former FCT Minister of State, former Uyo Local Government Chairman and a former Chairman of the Governing Council of the Federal College of Education, Potiskum, Yobe State and that he has no criminal records.

He assured the court that Akpanudoedehe would not  interfere with the investigation by the police, would not commit any crime, would not jump bail and would be available for trial – if he is granted bail

Opposing the application, the prosecution counsel, Mr. R.E. Nkem, urged the court to consider the gravity of the alleged offence, which is punishable by death.

Stressing the need to deny Akpanudoedehe bail, Nkem said there were other cases of arson and murder still being investigated by the police.

Replying on point of law, Awodehin urged the court to discountenance Nkem’s submission.

He argued that the mere fact that an accused is charged with treason is not enough to deny him bail.

Citing a Supreme Court decision delivered by Justice Niki Toby (rtd), Awodehin maintained that the only way an accused could be denied bail is when the prosecutor attaches the proof of evidence.

“Election is a few days away; they just want to keep him away for political reasons,” he told the court.

Justice Bello adjourned the matter till tomorrow for ruling on bail application.

Lagos activist, Richard Akinnola condemned the arrest and trial of Akpanudoedehe’s lawyer. In a statement, he said: “The arrest of Francis Affanga after appearing on a Channels Television programme and subsequently charged to court for “expressing feelings of disaffection against President Goodluck Jonathan.”

“This, no doubt, reminds us of the dark days of the military when freedom of exoression was circumscribed. The arrest and arraignment of Mr Affanga is a violent assault on freedom of expression and it amounts to unbriddled acts of executive lawlessness.”

But the Governor yesterday said the Akwa Ibom issue should not be reduced to a quarrel between the PDP and the ACN.

He said it should be seen as a deliberate breach of the peace in the state.

Akpabio spoke at the State House in Abuja after attending the National Council of State meeting.

He displayed some photographs of the burnt government property in Uyo to support his position.