The sensational life of a Lagos politician, Olabode Ibiyinka George, collapsed yesterday at the gate of a prison.
A Lagos High Court, Ikeja jailed the former chairman of the Nigerian Ports Authority (NPA) and five others for two and half years each apiece without an option of fine. George is a Peoples Democratic Party (PDP) leader.
Justice Olubunmi Oyewole sentenced them to two years on each of the seven-count charges of abuse of office and six months each for the other 27-count charge of disobedience to constituted authority. The jail sentences will run concurrently
The other convicts are former CEO of NPA Aminu Dabo, O. Abidoye, Abdullahi Tafida, Zanna Maideribe and Sule Aliyu.
They were driven out of the court premises in a prison pick-up van amidst threats from George’s supporters who shielded them from photographers.
The Economic and Financial Crimes Commission (EFCC) arraigned the convicts on charges that bordered on wilful disobedience to constituted authority, contract splitting and conspiracy in August, last year.
They were, however, not found guilty on the other charges as the prosecution led by activist lawyer Mr. Festus Keyamo, the court noted in its findings, could not prove the commission of the offences alleged against them beyond reasonable doubt.
Mid way into the more than three hours judgment, one of those who stormed the court in apparent solidarity with the convicts slumped and was taken out to be revived. Mr Justice Oyewole went on with the delivery of the judgment.
In the course of the trial, the convicts had said they were not charged in their personal capacities but as members of the board of NPA and that unless shown, the board of NPA is a public office, and they should be acquitted.
But the court held: "The facts indisputably before the court are that the defendants are natural persons who were appointed to serve as directors on the board of the NPA, a public corporation owned solely by the Federal Government of Nigeria and established under an Act of the National Assembly….
"It is an evident fact upon which the court can take judicial notice that only natural persons are appointed to hold public offices and not corporate or incorporate bodies.
"Furthermore, the board of a corporation is an organ of that organisation and does not possess a corporate legal existence separate from that of the corporate body it belongs to. It cannot, as such, possess legal identity as to sue or be sued independently."
The court also knocked the convicts defence that they cannot be held liable for acts committed by their subordinates.
"Persons acknowledged out of millions of Nigerians by the President of the Federal Republic of Nigeria to be of proven integrity and of cognitive experience in relation to the activities of the NPA cannot claim ignorance or simply play Pontius Pilate when obviously irregular contracts placed before them were approved by them without question. It amounts to wilful blindness and must have its consequences.
"By Section 10 (3)(b) and (5)(c) of the NPA Act the board of the NPA is given powers to control the managing director and executive directors of the NPA.
"The board was also given express powers in the said Act to obtain advice from non-members and co-opt such special members for specific purposes. Such a board cannot claim inadequacy. After all, as the ancient wisdom says; you cannot bear the title of eagle and be unable to prey on chickens. The culpability of the defendants in this regard is direct and not vicarious.
"I therefore reject the defence put forward by the defendants in this regard as totally untenable.
"I hold that the defendants while employed in the public service as chairman and directors respectively on the board of the NPA at the material times of exhibits D2 and D3 did approve split contracts. It is an arbitrary act which prejudiced the approving authorities superiority to the NPA board constituted by them at that time, and that they thereby abused their offices."
The convicts said they failed to abide by laid down financial regulations because it will affect the nation’s economy.
But Justice Oyewole disagreed, saying the convicts cannot be more Catholic than the Pope.
"The position of the learned prosecutor and the other prosecution witnesses was that while there may be good reasons to seek a presidential waiver in respect of the application of the said circular, flagrant disobedience was not the proper course of action.
"As appointees of the President of Nigeria, the defendants are subject to his direct and indirect authority.
"The authority behind the circular, exhibit P3, extends not only to the President but ultimately to the Constitution of the Federal Republic of Nigeria.
"Paragraph 2 of the said circular begins with the following word:
‘After extensive consultations with stakeholders, the following guidelines are being issued to fully implement the new government policy.’
"An implication of the preamble is that exhibit P3 is not the product of some whim but based on wide consultations extending beyond the narrow purview of the NPA.
"The defendants cannot claim to be more Catholic than the Pope.
"While infallibility is beyond any man, the overall mandate to administer the polity, including the NPA, is that of the President and where government functionaries are at liberty to apply or reject government policies as they so will, anarchy would ensue. Such is the manifestation of a failed state."
Sentencing the convicts after their lawyers’ request for mitigation, Justice Oyewole said: "When public office is abused, the entire system is assaulted. This must not be treated with kid gloves, if the quality of service in our public life is to be attained to an appreciable standard of the civilised world.
"For the right deterrence to be served, therefore, sufficient firmness must be demonstrated."
Justice Oyewole rose immediately the sentence was pronounced.
Earlier, Mr Tunji Ayanlaja (SAN), George’s lead counsel, in his plea for mitigation, told the court that the conviction of his client on a technical charge could scare others who interested to serve the nation.
He pleaded that the court should not send the convicts to prison but caution and discharge them in order not to truncate their political careers even as it has not been shown that they benefited personally from the offences.
"I will like to draw your lordship’s attention to a comment that was made 47 years ago in a felony case in this court ‘blessed be your lordship’s judgment and your lordships pronouncement in this judgment.’
"I will urge your lordship to put this into consideration. Public service in our country today has been left to those who should not be there and those who have risked their lives to serve will have to bear the brunt of public service that is what this judgment has made obvious, that if you serve in public service you must bear the burden.
"The trial has taken 14 months, it has subjected the defendants to a lot of suspense and immense pressure. My lord, you will find out from the evidence that none of them has been accused of making profit or from making unjust enrichment from serving the mother land. You found them guilty on some of the counts; some of the counts are very, very technical in nature.
"Henceforth, if public servants are held to technical offence, nobody will take public service. My Lord, I want you to put into consideration that all the defendants have attended the trial as honest and committed Nigerians. None of them has been found guilty of any offence in serving the mother land before now.
"The first defendant (George) is somebody who served in different capacities. He was in the armed forces, a military governor of Ondo State and has not been accused of any criminal action. The pressure the trial has put on them is enough condemnation and I urge your Lordship not to put a comma on their public career so that they can still offer their services to the nation. All the time they were acting they thought they were acting in the interest of the nation. I urge your lordship to be very lenient to all the accused persons. I know it is in your power to caution and discharge them because the offence is so technical and no evidence that the nation lost anything by the decision they took.
"The silence in the court room shows that what is being considered is very serious and you have shown a strong signal to the whole country that it is no longer business-as-usual. The Bar has been enriched by this judgment."
Ayanlaja urged the court to apply Solomon’s wisdom in handling the matter, instead of destroying the political careers of the convicts.
Other silk lawyers in court are: Deacon Dele Adesina, Otunba Kunle Kalejaiye and Bolaji Ayorinde.
Adesina, in his allocutus, described Dabo as a professional architect who still has the zeal to serve even as he described the demeanour of all the other accused as remorseful.
Tuesday, October 27, 2009
Climate Change: Developing Countries Push for $400bn Compensation
As the build-up to the global summit on climate change in Denmark gathers momentum countries of the developing world have asked the industrialized nations to cough-out $400bn as financial reparation for the economic and social losses brought upon them as a result of many years of carbon emission into the atmosphere.
The demand by developing countries which formed the main plank of their articulated positions for the world conference on Climate Change coming up in December, came on the heels of the decision of Africa to forge a common front at the summit with Ethiopia and Nigeria playing a leading role in presenting the continent’s position.
One of the discussants at yesterday’s inter-ministerial committee’s meeting held in Abuja and the Director of Finance in the Climate Change Unit of the Federal Ministry of Environment, Mr. Peter Tarfa, said as part of the effort to attract the required level of funding for adaptation programmes, developing countries were making a proposal to developed countries to contribute between $200bn and $400bn yearly to support the poor nations.
“Developing Countries are seeking between $200bn and $400bn as compensation from industrialized nations to assist them in managing the effects of climate change which they believed were mostly brought about by the economic activities of these rich countries”, he said.
Tarfa also said Nigeria faces a looming threat of economic losses up to about $100m annually as a result of the debilitating impact of desertification, deforestation, flooding, erosion and coastal sea rise if nothing is done to improve our adaptation capacity.
He said the developing countries are also asking for a new financial architecture which can enable them access donor funds easily without any hinderance or technicalities.
Tarfa who presented a paper on the nature of financial bail-out that countries of the developing world are making demand for, said African, countries are insisting that they would no longer subscribe to the idea of using loans to manage the damaging impact of climate change.
According to him global agreement that would take care of funding for such areas as in adaptation, technology and capacity-building is what developing countries were pushing for.
The Minister of Environment, John Odey, in his speech warned that Climate Change will drastically impact every facet of life in Nigeria as it aggravates.
According to him “although the impacts of Climate Change are going to be global, reports have shown that Nigeria and the continent of Africa will be worse hit. This is in spite of the fact that Africa contributes least to the emissions responsible for Climate Change.”
“The most important and globally accepted agreement to address climate change is the Kyoto Protocol. The processes leading to the Protocol commenced in 1992 in Rio de Janeiro when leaders of the industrialized nations met at a UN Climate Convention and agreed to stabilize their greenhouse gas emission concentration at a level that will not be inimical to the Climate System.
“However, the Protocol has virtually failed to address the purpose for which it was signed. Since signing of the Protocol by over 184 countries, the green house gas emission situation has taken a turn for the worse as the industrialized nations have not been able to tame their emission level. The Protocol will span out in the year 2012 and the negotiations of the successor of the Protocol are due to be finalized in Copenhagen in December, this year.
“In preparation of our negotiation position towards Copenhagen , the ministry has taken cue from Mr President’s declaration that even though we are not one of the countries responsible for the emissions, we are prepared to be part of the efforts to arrest the effects.
“Nigeria’s position, which was put together by this Committee in June this year, is very much in line with Common African Position following the resolutions at the African Union Summit in 2008 that in preparations towards Copenhagen Conference, African nations should build a common African Position.
“This position has taken special recognition of the fact that being an oil producing nation, our country seeks to benefit from funds that could be deployed for adaptation and mitigation measures as well as for the development of alternative sources of energy under the Clean Development Mechanism.
“For us in Nigeria , the up coming Conference in December is very crucial to our Development Agenda and our National Vision.
“Climate change scenarios for Nigeria indicate that the climatic variability currently being experienced is likely to increase and
intensify. Droughts, floods and storms are likely to increase in both frequency and intensity. Changes in precipitation levels and patterns are also likely to occur thus having an impact on agriculture and food production.
“In coastal areas, sea level rise and rising sea temperatures will threaten coastal areas and fishing activities in the southern region. The prospective impacts on our society and the economy are huge and cross-cutting.”
“In our efforts to promote low carbon economy in Nigeria , we have successfully increased the number of registered Clean Development Mechanism (CDM) projects in Nigeria from one to three in the last one year. The first was the Kwale Gas Utilization Projects while the second and the third projects are the Pan Ocean Gas Utilization Project and the Save 80 Fuel Efficient Wood Stove respectively.
“This achievement is first of its kind in Africa and it has placed Nigeria ahead of every other African nation in the number of Certified Emission Reduction (CER) units. The projects would go a long way in reducing problems of deforestation and accompanying land degradation across the country. This achievement will also significantly compliment the objectives of Mr. President’s nation-wide Afforestation Program.
“In order to build on this success however, Nigeria should seize the opportunity of the Copenhagen Conference to urgently exert its political muscle in and out of the continent to insist not only that Africa must be compensated for the impacts of climate change and opportunity lost”, he said..
The Head of Climate Change Unit in the Ministry, Dr. Victor Fodake said Africa has resolved that it will neither accept replacement of Kyoto Protocol nor its merger with any new agreement.
“Developed Countries must reduce their greenhouse gas emissions by at least 40% below 1990 levels by 2020 and at least 80% to 95% below 1990 levels by 2050, in order to achieve the lowest level of stabilisation assessed by the IPCC’s Fourth Assessment Report”, he said.
He said at the last meeting of the African countries aimed fashioning a common front ahead of the conference in Denmark, the countries agreed that Ethiopia and Nigeria should play a leading role in driving the continent’s position at the summit.
Yesterday’s meeting was attended by the Secretary to the Government of the Federation, the Minister of Aviation, Minister of State for Agriculture, Minister of Special Duties, Minister of Foreigns Affairs amongs others.
The demand by developing countries which formed the main plank of their articulated positions for the world conference on Climate Change coming up in December, came on the heels of the decision of Africa to forge a common front at the summit with Ethiopia and Nigeria playing a leading role in presenting the continent’s position.
One of the discussants at yesterday’s inter-ministerial committee’s meeting held in Abuja and the Director of Finance in the Climate Change Unit of the Federal Ministry of Environment, Mr. Peter Tarfa, said as part of the effort to attract the required level of funding for adaptation programmes, developing countries were making a proposal to developed countries to contribute between $200bn and $400bn yearly to support the poor nations.
“Developing Countries are seeking between $200bn and $400bn as compensation from industrialized nations to assist them in managing the effects of climate change which they believed were mostly brought about by the economic activities of these rich countries”, he said.
Tarfa also said Nigeria faces a looming threat of economic losses up to about $100m annually as a result of the debilitating impact of desertification, deforestation, flooding, erosion and coastal sea rise if nothing is done to improve our adaptation capacity.
He said the developing countries are also asking for a new financial architecture which can enable them access donor funds easily without any hinderance or technicalities.
Tarfa who presented a paper on the nature of financial bail-out that countries of the developing world are making demand for, said African, countries are insisting that they would no longer subscribe to the idea of using loans to manage the damaging impact of climate change.
According to him global agreement that would take care of funding for such areas as in adaptation, technology and capacity-building is what developing countries were pushing for.
The Minister of Environment, John Odey, in his speech warned that Climate Change will drastically impact every facet of life in Nigeria as it aggravates.
According to him “although the impacts of Climate Change are going to be global, reports have shown that Nigeria and the continent of Africa will be worse hit. This is in spite of the fact that Africa contributes least to the emissions responsible for Climate Change.”
“The most important and globally accepted agreement to address climate change is the Kyoto Protocol. The processes leading to the Protocol commenced in 1992 in Rio de Janeiro when leaders of the industrialized nations met at a UN Climate Convention and agreed to stabilize their greenhouse gas emission concentration at a level that will not be inimical to the Climate System.
“However, the Protocol has virtually failed to address the purpose for which it was signed. Since signing of the Protocol by over 184 countries, the green house gas emission situation has taken a turn for the worse as the industrialized nations have not been able to tame their emission level. The Protocol will span out in the year 2012 and the negotiations of the successor of the Protocol are due to be finalized in Copenhagen in December, this year.
“In preparation of our negotiation position towards Copenhagen , the ministry has taken cue from Mr President’s declaration that even though we are not one of the countries responsible for the emissions, we are prepared to be part of the efforts to arrest the effects.
“Nigeria’s position, which was put together by this Committee in June this year, is very much in line with Common African Position following the resolutions at the African Union Summit in 2008 that in preparations towards Copenhagen Conference, African nations should build a common African Position.
“This position has taken special recognition of the fact that being an oil producing nation, our country seeks to benefit from funds that could be deployed for adaptation and mitigation measures as well as for the development of alternative sources of energy under the Clean Development Mechanism.
“For us in Nigeria , the up coming Conference in December is very crucial to our Development Agenda and our National Vision.
“Climate change scenarios for Nigeria indicate that the climatic variability currently being experienced is likely to increase and
intensify. Droughts, floods and storms are likely to increase in both frequency and intensity. Changes in precipitation levels and patterns are also likely to occur thus having an impact on agriculture and food production.
“In coastal areas, sea level rise and rising sea temperatures will threaten coastal areas and fishing activities in the southern region. The prospective impacts on our society and the economy are huge and cross-cutting.”
“In our efforts to promote low carbon economy in Nigeria , we have successfully increased the number of registered Clean Development Mechanism (CDM) projects in Nigeria from one to three in the last one year. The first was the Kwale Gas Utilization Projects while the second and the third projects are the Pan Ocean Gas Utilization Project and the Save 80 Fuel Efficient Wood Stove respectively.
“This achievement is first of its kind in Africa and it has placed Nigeria ahead of every other African nation in the number of Certified Emission Reduction (CER) units. The projects would go a long way in reducing problems of deforestation and accompanying land degradation across the country. This achievement will also significantly compliment the objectives of Mr. President’s nation-wide Afforestation Program.
“In order to build on this success however, Nigeria should seize the opportunity of the Copenhagen Conference to urgently exert its political muscle in and out of the continent to insist not only that Africa must be compensated for the impacts of climate change and opportunity lost”, he said..
The Head of Climate Change Unit in the Ministry, Dr. Victor Fodake said Africa has resolved that it will neither accept replacement of Kyoto Protocol nor its merger with any new agreement.
“Developed Countries must reduce their greenhouse gas emissions by at least 40% below 1990 levels by 2020 and at least 80% to 95% below 1990 levels by 2050, in order to achieve the lowest level of stabilisation assessed by the IPCC’s Fourth Assessment Report”, he said.
He said at the last meeting of the African countries aimed fashioning a common front ahead of the conference in Denmark, the countries agreed that Ethiopia and Nigeria should play a leading role in driving the continent’s position at the summit.
Yesterday’s meeting was attended by the Secretary to the Government of the Federation, the Minister of Aviation, Minister of State for Agriculture, Minister of Special Duties, Minister of Foreigns Affairs amongs others.
Tuesday, October 20, 2009
EFCC grills bank debtors at secret location in Lagos
Operatives quizz BankPHB, ETB, Spring Bank chiefs
Contrary to expectation, operatives of the Economic and Financial Crimes Commission (EFCC) yesterday met with some bank debtors at a secret location in Lagos.
The meeting, which was billed for the EFCC Awolowo Road, Ikoyi, Lagos office, was moved to the secret location following the debtors’ plea, sources told The Nation.
The debtors, among whom are frontline politicians and eminent industrialists, pleaded for the change in venue to avoid what they called the "prying eyes" of the media.
Besides the debtors, the EFCC operatives quizzed the Financial Controllers and Company Secretaries of Bank PHB, Spring Bank and Equitorial Trust Bank (ETB) yesterday.
It was learnt that upon the receipt of the letters of invitation, the debtors pleaded with EFCC Chairman Mrs. Farida Waziri to protect them from the media.
A source said: "These highly-placed debtors said the coverage of their presence in EFCC’s office by the media was affecting their image and causing them depression.
"They pleaded that they be allowed to appear before the commission in Abuja instead of Lagos. The debtors sought the protection of their privacy.
"But due to logistics, the EFCC insisted that it would meet with them in Lagos but with a change of tactics.
"That was why we moved our operatives to a secret location, in line with the request of the debtors."
The source added: "We took this step because the list of the debtors is already known to the public. We are really not trying to censor the press."
On the outcome of the interaction with the debtors, the source added: "Some of them came to reconcile their accounts. They also made commitments to offset their debts.
"Some of the debtors could not make it. They contacted the commission and rescheduled their visit.
"I think they are scared of the presence of the media because of a likely backlash on their reputation and business."
The source said it was too early to give any debt recovery figure.
The Financial Controllers and Company Secretaries of Bank PHB, Spring Bank and ETB were quizzed at the EFCC Ikoyi office.
Another source said: "We grilled these officials on alleged insider abuse; board decisions; and strange payments made by the banks.
"So, their invitation was part of the probe of the three banks by the EFCC. Some of the Managing Directors arrested have opened up on some decisions taken by their banks. We need to crosscheck relevant documents."
EFCC spokesman Femi Babafemi said: "Yes, we interacted with some of the debtors. They promised to repay their loans."
On the bank officials interrogated, Babafemi said: "It is part of the ongoing investigation in the banks."
Reporters and photographer besieged the EFCC office early yesterday in anticipation of the debtors’ visit.
They arrived as early as 8a.m. and waited until late in the day when they learnt that the debtors would not be coming.
EFCC spokesman in Lagos, Wilson Uwuigiaren, who confirmed the secret meeting, said some of the debtors pledged to repay part of their debts today.
He said others were being expected today as there is no "definite deadline" for payment.
He, however, failed to give the names and number of the debtors.
"We’ve decided to withhold their names with the belief that they will honour their words to begin to repay their debts as from today. Those who did not show up today (yesterday) will do so tomorrow (today)"
Sacked Managing Director of BankPHB Mr. Francis Atuche has applied to the EFCC to grant him bail or charge him to court rather than detaining him perpetually.
Atuche was arrested by the commission’s operatives last Friday and has since been in custody.
In an application for administrative bail delivered to the commission yesterday by one of his lawyers, Dr. Nnamdi Dimgba, Atuche said his continued detention was against constitutional provision.
The application jointly written by three Senior Advocates of Nigeria (SANs) – Chief Antony Idigbe, Rickey Tarfa and Chief Adeniyi Akintola – reads:
"We wish to draw your attention to the fact that under our constitution, except in very limited circumstances, which do not apply in this case, no person should be detained for more than 48 hours without either being released on bail or arraigned in a lawful court.
"We note that our client has been in your custody for a period longer than the above. We are therefore humbly applying that you kindly release him on bail pending such a time that you are ready to prefer charges against him, if any.
"We further apply that he be released on his self recognisance or upon any other reasonable and practicable condition that you may in your discretion prescribe."
A customer of Springbank named as debtor by the Central Bank of Nigeria (CBN), Arcturus Merchant Trust Limited, said it had repaid what it owed the bank prior to the CBN intervention.
Its lawyer, Mr Erasmus Baderinwa, said yesterday that the debt was repaid in line with the terms of settlement executed by both parties on May 16, 2008, and endorsed by a Lagos State High Court.
Baderinwa exhibited a copy of the terms of settlement and a letter by Springbank dated June 18, 2008, addressed to the Commissioner of Police, Panti, Lagos, acknowledging the settlement of the said debt.
The firm said it had not borrowed any other money since then from the bank, adding that the inclusion of its name on the CBN’s list must have been a mistake.
Contrary to expectation, operatives of the Economic and Financial Crimes Commission (EFCC) yesterday met with some bank debtors at a secret location in Lagos.
The meeting, which was billed for the EFCC Awolowo Road, Ikoyi, Lagos office, was moved to the secret location following the debtors’ plea, sources told The Nation.
The debtors, among whom are frontline politicians and eminent industrialists, pleaded for the change in venue to avoid what they called the "prying eyes" of the media.
Besides the debtors, the EFCC operatives quizzed the Financial Controllers and Company Secretaries of Bank PHB, Spring Bank and Equitorial Trust Bank (ETB) yesterday.
It was learnt that upon the receipt of the letters of invitation, the debtors pleaded with EFCC Chairman Mrs. Farida Waziri to protect them from the media.
A source said: "These highly-placed debtors said the coverage of their presence in EFCC’s office by the media was affecting their image and causing them depression.
"They pleaded that they be allowed to appear before the commission in Abuja instead of Lagos. The debtors sought the protection of their privacy.
"But due to logistics, the EFCC insisted that it would meet with them in Lagos but with a change of tactics.
"That was why we moved our operatives to a secret location, in line with the request of the debtors."
The source added: "We took this step because the list of the debtors is already known to the public. We are really not trying to censor the press."
On the outcome of the interaction with the debtors, the source added: "Some of them came to reconcile their accounts. They also made commitments to offset their debts.
"Some of the debtors could not make it. They contacted the commission and rescheduled their visit.
"I think they are scared of the presence of the media because of a likely backlash on their reputation and business."
The source said it was too early to give any debt recovery figure.
The Financial Controllers and Company Secretaries of Bank PHB, Spring Bank and ETB were quizzed at the EFCC Ikoyi office.
Another source said: "We grilled these officials on alleged insider abuse; board decisions; and strange payments made by the banks.
"So, their invitation was part of the probe of the three banks by the EFCC. Some of the Managing Directors arrested have opened up on some decisions taken by their banks. We need to crosscheck relevant documents."
EFCC spokesman Femi Babafemi said: "Yes, we interacted with some of the debtors. They promised to repay their loans."
On the bank officials interrogated, Babafemi said: "It is part of the ongoing investigation in the banks."
Reporters and photographer besieged the EFCC office early yesterday in anticipation of the debtors’ visit.
They arrived as early as 8a.m. and waited until late in the day when they learnt that the debtors would not be coming.
EFCC spokesman in Lagos, Wilson Uwuigiaren, who confirmed the secret meeting, said some of the debtors pledged to repay part of their debts today.
He said others were being expected today as there is no "definite deadline" for payment.
He, however, failed to give the names and number of the debtors.
"We’ve decided to withhold their names with the belief that they will honour their words to begin to repay their debts as from today. Those who did not show up today (yesterday) will do so tomorrow (today)"
Sacked Managing Director of BankPHB Mr. Francis Atuche has applied to the EFCC to grant him bail or charge him to court rather than detaining him perpetually.
Atuche was arrested by the commission’s operatives last Friday and has since been in custody.
In an application for administrative bail delivered to the commission yesterday by one of his lawyers, Dr. Nnamdi Dimgba, Atuche said his continued detention was against constitutional provision.
The application jointly written by three Senior Advocates of Nigeria (SANs) – Chief Antony Idigbe, Rickey Tarfa and Chief Adeniyi Akintola – reads:
"We wish to draw your attention to the fact that under our constitution, except in very limited circumstances, which do not apply in this case, no person should be detained for more than 48 hours without either being released on bail or arraigned in a lawful court.
"We note that our client has been in your custody for a period longer than the above. We are therefore humbly applying that you kindly release him on bail pending such a time that you are ready to prefer charges against him, if any.
"We further apply that he be released on his self recognisance or upon any other reasonable and practicable condition that you may in your discretion prescribe."
A customer of Springbank named as debtor by the Central Bank of Nigeria (CBN), Arcturus Merchant Trust Limited, said it had repaid what it owed the bank prior to the CBN intervention.
Its lawyer, Mr Erasmus Baderinwa, said yesterday that the debt was repaid in line with the terms of settlement executed by both parties on May 16, 2008, and endorsed by a Lagos State High Court.
Baderinwa exhibited a copy of the terms of settlement and a letter by Springbank dated June 18, 2008, addressed to the Commissioner of Police, Panti, Lagos, acknowledging the settlement of the said debt.
The firm said it had not borrowed any other money since then from the bank, adding that the inclusion of its name on the CBN’s list must have been a mistake.
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