A mild drama played out at the Federal High Court in Abuja as the Action Congress of Nigeria (ACN) governorship candidate in Akwa Ibom State, James Akpanudoedehe, was granted bail by the court yesterday.

Shortly after Mr. Akpanudoedehe met his bail conditions, the police rearrested him in the court premises. The officers, however, gave no reason for his rearrest.

Mr. Akpanudoedehe was initially arrested on the heels of the crisis that erupted in Akwa Ibom State during a clash between supporters of his party and the Peoples Democratic Party (PDP) on March 22. The clash led to the death of more than five people and loss of properties. The ACN candidate was taken to Abuja by the police and charged for treason.

In his ruling on the accused person’s bail application, Justice Adamu Bello, however, said prosecutors failed to show that they have any evidence to try the accused.

“The complainant wants to hold onto the accused person while they go around toa fish for evidence, which has no place in our law,” Justice Bello said.

“Having regard to the affidavit evidence, which was not controverted by the complainant and the fact that there is no nexus between the accused and the offence allegedly committed, I am satisfied with the affidavit evidence of the accused and grant him bail.”

Police assault

But shortly after Justice Bello granted Mr. Akpanudoedehe bail, scores of police officers laid siege to the court for over three hours and eventually dragged him from the courtroom after he perfected his bail conditions.

Mr. Akpanudoedehe, who was reluctant to follow the police, was slapped several times by the leader of the team, who was in mufti. One of his counsels, Niyi Akintola, asked the police why he was being arrested after the court had granted his bail application. The police refused to give any reasons.

Mr Akpanudoedehe described his arrest and subsequent trial in Abuja as an attempt by the PDP to stop him from campaigning for the governorship election in the state.

Justice Bello had granted the governorship candidate bail in the sum of N10 million and one surety in like sum among conditions.

Political vendetta

The defence had told the court that Mr. Akpanudoedehe’s arrest in Akwa Ibom State and his quick arraignment in Abuja was designed to keep him away from the campaign trail.

Mr. Akpanudoedehe, has been in police custody since last Thursday following an order of the court that he be remanded pending when his bail application was heard.

His counsels urged the court to grant bail, pending the hearing and determination of the charge against him by the police. They argued further that the accused person be admitted to bail by the court based on his antecedents as a two-time senator, former FCT minister, former Uyo local government area chairman, and at present, a governorship candidate.

His counsel, Kola Awodein, also told the court that there was an earlier phantom murder allegation against the accused person, in which the police searched his residences in Uyo and Abuja and found nothing incriminating.

“The applicant was compelled to approach a court of competent jurisdiction when he was being harassed to create an enabling political environment to carry out his campaign like every other candidate in the state and the court made an order restraining the police from interrupting his campaign,” he said.

He also told the court that Mr. Akpanudoedehe has an ailment that requires frequent medical attention, a position he said was not countered by the prosecution. He said the prosecution’s submission that they are still investigating the matter showed that they are yet to establish a prima facie case against the accused.

But the police counsel, R. E. Nkem, asked the court not to grant the accused person bail in view of the nature of the offence and the severity of the punishment, if found guilty.

“The accused person is charged with treason and other pending charges like that of murder, arson, and others. As such, he should not be granted bail,” Mr. Nkem said.

Mr. Bello, after hearing from all the parties, adjourned till yesterday for ruling.

The police accused Mr. Akpanudoedehe of levying war against the state with intent to intimidate the governor of the state, Godswill Akpabio.

The charge sheet read: “That you, John James Akpanudoedehe, ‘M’ and others now at large, as citizens of Nigeria, on the 22nd day of March, 2011, at Ikot Ekpene in Akwa Ibom State, did conspire amongst yourselves to commit felony, to wit: treason by levying war against the state, with intent to cause such levying of war as would intimidate or overawe the governor of the state and you thereby committed an offence punishable under Section 37(2) of the Criminal Procedure Act Cap ‘C’ 38 Laws of the Federation of Nigeria 2004.

“That you, John James Akpanudoedehe, ‘M’ and others now at large, as citizens of Nigeria on the 22nd day of March, 2011, at Ikot Ekpene in Akwa Ibom State in the Abuja division, did levy war against the state in order to intimidate or overawe the governor of the state by discharging several gun shots at him and his entourage while on his official assignment, and you thereby committed an offence punishable under section 37 (10 of the Criminal Code Act Cap ‘C’ 38 Laws of the Federation of Nigeria 2004).” Mr. Akpanudoedehe pleaded not guilty to the four-count charge.