Police re-arrest Akpanudoedehe after bail

•Policeman slaps ACN candidate

Akwa Ibom State Action Congress of Nigeria (ACN) governorship candidate John Akpanudoedehe got bail yesterday, but the police grabbed him almost immediately.

Justice Adamu Bello of the Federal High Court, Abuja ruled that the police had no case against Akpanudoedehe.

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

The ACN campaign train, on March 22, came under severe attack in Ikot Ekpene, the senatorial district of Akwa Ibom Governor Godswill Akpabio. Nine ACN supporters were shot dead, scores were injured. The campaign was aborted.

The assailants reportedly claimed that apart from the Peoples Democratic Party (PDP), no other party is allowed to campaign in Annang land, with headquarters in Ikot Ekpene.

After the attack in Ikot Ekpene, there was arson in Uyo for which Akpanudoedehe was arrested and hurriedly arraigned in Abuja.

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

But the court held yesterday that the Police had no proof against him.

While trying to perfect his bail conditions, there was uproar, which attracted people to the court room.

It was gathered that a policeman slapped Akpanudoedehe because he felt he was delaying them.

Akpanudoedehe said he was slapped while signing a document meant to secure his release.

His Lawyer, Chief Adeniyi Akintola (SAN), told reporters that an official of the Abuja Geographic Information System (AGIS) also refused to endorse one of the documents listed as conditions for Akpanudoedehe’s freedom.

The security men whisked him away at 2:48 p.m., as the Judge was waiting in his chamber to sign the bail documents.

Ruling on the bail application argued by the ACN candidate’s counsel, Mr. Kunle Awodehin (SAN) on Tuesday, Justice Bello recalled that he refused oral bail application because he wanted to give parties opportunities to provide sufficient materials to help the court in reaching a judicious decision.

Reviewing the argument, Justice Bello said the Police indirectly admitted that they had no evidence against the accused.

“Certain averments of the accused were not seriously contested by the respondents (Police).

The counter affidavit fell far too short to controvert the averments,” he said.

Since the Police did not challenge most of the facts deposed to in the applicant’s affidavit, the judge said it amounted to admission to facts stated in the affidavit filed in support of the bail application.

Criticising the manner in which the accused was hurriedly arraigned in Court, Justice Bello said since Akpanudoedehe’s arrest up till yesterday, the Police had no evidence to charge the applicant with treason, adding that “that is why they did not attach proof of evidence to the charge.”

He agreed with Awodehin that an accused cannot be charged with treason on mere suspicion when the Police were still in search of evidence against him.

“This cannot find justification in our Constitution and laws. It is not enough to charge a person for treason, there must be a prima facie case established against him,” said Justice Bello.

Discountenancing the submissions of the prosecution counsel, Mr. R. E. Nkem, Justice Bello said the onus was on the party that opposed bail to show cause why bail should be refused.

Since the police did not deny, the Judge allowed all the facts stated in paragraph 10-14 of the affidav in support of bail by Christopher Emeka-Izima, a lawyer in the chamber of Adeniyi Akintola (SAN).

The Judge admitted Akpanudoedehe to N10 million bail, with one surety in like sum.

Akpanudoedehe was also asked to give an undertaking that he will be peaceful.

Before adjourning till May 10 for hearing, the Judge warned that any violation of the undertaking would lead to revocation of the bail.