Judiciary symbol
July 19, 2021
Sen. Ali Ndume (APC-Borno) has prayed a Federal High Court, Abuja for an order releasing his building’s Certificate of Occupancy (C of O) used as bail bond in the release of Abdulrasheed Maina from Kuje Prison, following his rearrest after he jumped bail in September 2020.
Ndume’s Lawyer, Marcel Oru, urged Justice Okon Abang, on Monday, to grant his client’s application following the rearrest of Maina.
Maina was released on bail from the correctional service centre on July 27 nine months after he was arraigned.
His release on bail was made possible following Ndume’s resolve to stand as his surety after the lawmaker used his Abuja property’s title documents worth N500 million as bail bond in compliance with some of the bail conditions.
Ndume is currently Chairman, Senate Committee on Army at the National Assembly.
When the matter was called, Counsel to Ndume informed the court that he had a pending application dated and filed on Dec. 15, 2020.
“We are praying the court to discharge the applicant, formerly as a surety, in the matter and for the documents of title that were deposited in court to be released to him, considering the fact that the first defendant, Abdulrasheed Maina that jumped bail has been rearrested and is in the custody of the complainant (EFCC),” he said.
Justice Abang then asked Oru if there was any pending appeal of the matter before the Court of Appeal and he answered in affirmative.
The lawyer said though the appealed had been entered at the appellant court in relation to Ndume’s complaint, it was not in respect to the substantive matter.
“Do I have jurisdiction to entertain this matter now,” the judge asked.
Responding, Oru said: “Ordinarily, if the appeal has been entered, this court as presently constituted will not have jurisdiction to entertain the application but in the present circumstances, considering the intervening circumstances that the defendant (Maina) has been rearrested and facing his trial before this court now, we are of the opinion that the court can hear the matter subject to your lordship’s discretion.”
However, Counsel to the Economic and Financial Crimes Commission (EFCC), Mohammed Abubakar, opposed the application.
Abubakar argued that the court had no jurisdiction to entertain the suit since the matter was already before the Court of Appeal.
“We filed a notice of preliminary objection dated Dec. 18, 2020, and filed on Dec. 21, 2020. We urge the court to dismiss the application for being incompetent,” he said.
The EFCC lawyer argued further that the reply on point of law of the applicant (Ndume) “is short of the Provision of Order 4, Rule 11 of the Court of Appeal, 2016.
“The applicant (Ndume) s deemed to have admitted our submission.”
He said if the application was granted and the court ordered the release of the title documents to applicant, there would be nothing left again for the court of appeal to determine.
However, Oru said that though there was no date fixed for the appeal now, he said: “whichever way the appeal goes will not affect this application” before justice Abang.
“The important thing is that Maina has been rearrested and this is the fallout of the who issue,” he added.
When Abang asked if Ndume’s travel passport had been released to him, his lawyer said the document was still in the custody of the court.
Justice Abang, who adjourned the matter until Oct. 4, said he would first make findings on the EFCC preliminary objection before delivering the ruling.
“If the objection succeeds, that will be the end of the matter but if it does not, I will then rule on the substantive application,” he said. (NAN)
