...HOW COUNSEL TOLD COURT SENATOR HAS 14 YEARS AILMENT

It has also been uncovered that the federal high court in Port Harcourt had slammed an injunction barring the Senator from traveling out of Akwa Ibom State.

Similarly, the embattled senator has been stripped of his international passports, diplomatic papers and has been placed on the watchlist of the Nigerian Immigration Service.

This is the summary of the court judgement granting bail to the Senator last week, a copy of which is with the Global Pilot Newspaper.

An aide to the convicted Senator and YPP Governorship candidate in Akwa Ibom, Senator Bassey Albert had told the Federal High Court sitting in Port-Harcourt that his boss has been suffering from a life threatening ailment, being hypertension and diabetes hence the need for the court to grant him bail to enable him access proper medical attention outside the correctional facility.

Ini Utuk, a legislative aide to the embattled Senator had disclosed this in an affidavit in support of the Senator's appeal pending bail application.

He also told the court that his case may not be attended to in the next two years following the avalanche of pre-election cases in the appellate court.

The Court had on 28th December, 2022 granted the convicted YPP Governorship candidate bail pending the hearing and determination of the appeal against his conviction and sentence by the court.

Recall that the embattled Senator was jailed on December 1st, 2022 by the Federal High Court sitting in Uyo , having been found guilty of corruption and fraud related charges brought against him by the EFCC.


Utuk in the deposed affidavit told the court, “I know as a fact that the Applicant has been batting with
serious medical condition of Hypertension and Diabetes that requires specialized medical attention which cannot be provided in prison custody.

“Now shown to me and exhibited
hereto is a report from the Applicants personal physician
marked Exhibit AB2”

“I know as a fact that upon being brought to the Correctional Centre, the applicant was subjected to medical examination by a Government Officer. The report of the medical examination shows that the Applicant has been suffering from hypertension and diabetes.

“Now shown to me and exhibited hereto is a copy of the medical report of the Government Medical Officer marked as exhibit AB3.

“In that medical report, the medical Officer also expressed fear that if the applicant is not given proper medical attention, he stands a high risk of developing complications that could result in sudden death”.


Ini Etuk also pleaded with the court that his fears that the Senator’s appeal may not be heard in two years time. “Although the Applicant is doing everything permitted by law to fast track his appeal, it might take more than two (2) years for the Court of Appeal Calabar Division to determine his appeal due to the congestion of cases in that Court. In addition to the already existing congestion at the
Court of Appeal, there is presently the upsurge in pre-election cases whose appeals further congest the Court of Appeal.

“There is also the looming general elections for the year 2023 which usually results in a lot of election
petitions and appeals that further congest the already congested Court of Appeal".

“ Given the real likelihood of the appeal lasting at the
Court of Appeal for a fairly long period before determined, by no fault of the Applicant or the Court of Appeal, the Applicant might end up serving a substantial part of his sentence before an appeal against his conviction is determined by the Court of Appeal”.

This application by the Senator confirms the fears that his appeal against the judgement of the federal high court is yet to come up for hearing before the Appellate Court.

Filing application for his bail, OBA's lead counsel, Kanu Agabi (SAN) had described his client as a person of good character and behavior, adding that having served as a former Commissioner in Akwa lbom State and a two term Senator of the Federal Republic of Nigeria representing Akwa Ibom North East Senatorial District and the gubernatorial candidate of the Young Progressives Party (YPP) for the forthcoming 2023 Governorship Election in Akwa lbom State, he would not jump bail.

“The Applicant has had a longstanding ailment for 14 (Fourteen) years being cared for by dedicated physicians and requires
specialized medical attention which cannot be provided in prison custody.

“That unless this application is taken and granted the Applicant’s bail application may not be heard during the court's vacation as
the Federal High Court is presently on vacation.

In its ruling, the Federal High Court, presided over by Justice S.I Mark, granted bail to the Convict in the sum of Fifty Millon Naira (N50,000.000.00) with two sureties in like sum.

Both sureties were asked to provide a valid Certificate of Occupancy of properties in Rivers State and depose to affidavit of means.

The Applicant was asked to deposit all his International
Passports with the Registry of this Court, including any official and diplomatic passport.

The National Immigration Service was to be notified of the bail conditions as it relates to the passport

The Applicant was mandated to file a written undertaking not to leave its jurisdiction without approval of the court.

His initial alleged attempt to use a football match orchestrated injury to make the bail application, was however jettisoned when he was told that a medical report by his private doctor was as useless as a toilet tissue and that he needed the report from a government owned health facility to make a case for bail.