Probe Senator Akpan’s bail, group tells Buhari, NJC

…it is politically motivated, Akpan hits back

A civil society organization known as Professionals for Integrity and Good Governance has called on the president, Major General Muhammadu Buhari (retd.) and the National Judicial Council to grant a “controversial bail” to Senator Bassey Akpan (Young Progressives Party, Akwa Ibom North-East) after being convicted of fraud.

A federal high court in Uyo had on December 1, 2022 sentenced Senator Akpan to seven years in prison for each of the six charges the Economic and Financial Crimes Commission voted against him.

The CSO’s co-council, Morris Alozie, said at a news conference in Abuja on Monday that the granting of bail to Akpan was a mockery of the country’s justice system.

Alozie further described the bail as a setback to the country’s fight against corruption if he is allowed to stay.

He claimed that although Akpan was reportedly released on bail on the basis of ill health, he continued to engage in frantic and physically demanding political activities and sports, making the reason for his bail highly suspicious and questionable.

He said: “We therefore call on the President, Major General Muhammadu Buhari (Retd.) to conduct an investigation into the circumstances that led to the removal of Senator Bassey from the Ikot Ekpene Custodial Center to a hospital, in utter disregard for the provisions of the law, an act that derails his fight against corruption, and hold the perpetrators of this dastardly act accountable.

“Call on the National Judicial Council to investigate Hon. Justice SI Mark for granting bail to Senator Bassey on legally untenable and suspicious grounds.

“Call on the Attorney General of the Federation and the Chairman of the Committee on Economic and Financial Crimes to file a serious appeal against the decision to release Senator Bassey, consistent with the current administration’s outspoken stance against corruption.

“Since Senator Bassey is fit to play golf, he’s also fit to stay in jail, a more relaxing and restful place, for a flagrant crime of money laundering he committed.”

The group further argued that allowing Senator Bassey to operate freely paints our justice system in a bad light and gives the impression that there are no consequences for bad behavior, especially after the court finds the person guilty.

Alozie added that after sentencing, Akpan was taken to Ikot Ekpene Custodial Center to serve his prison sentence.

He stated: “The development has been praised by honest individuals in society as it represents a quantum leap in the fight against corruption.

“It is distressing that Senator Bassey spent only a few days in a detention center after sentencing as he was taken to hospital by prison officials in controversial circumstances and in total disregard for the terms of section 25(1) of the Nigerian Correctional Service Act. 2022, which requires that before any detainee is transferred to a hospital, such detainee must be seriously ill, must declare to a medical officer of the center that he is ill and that there is no suitable accommodation at the center.

“Senator Bassey was not seriously ill, the center’s medical officer has not explained his alleged ill health, and the Ikot Ekpene Custodial Center, considered one of the best prison facilities in West Africa, has suitable accommodation.”

The CSO caller further stated that the ruling that got the senator released was a clear case of abuse of judicial power.

He said: “In addition, the senator rushed to the Federal Supreme Court, Port Harcourt Judicial Division even though he had been convicted in the Uyo Division and asked for bail on the excuse that he has long been battling with long-term ailments (hypertension and diabetes) for 14 years.

“Doubtful, the court presided over by Hon. Justice S.I. Mark granted bail to Senator Bassey in violation of judicial decisions of superior courts against granting bail in such circumstances.

“The speed with which the court granted the bail application is alarming and suspicious. It took eight business days to file the petition, serve on parties, plead, hear and decide by the court.

“The application for bail was filed on 16/12/2022 and the judgment was issued on 28/12/2022. Very unusual! We state unequivocally that the medical excuse used to grant Senator Bassey bail is legally untenable.

“Many detainees in various detention centers in Nigeria suffer from a number of ailments more debilitating than Senator Bassey’s, yet they have not been granted bail, much less have their bail requests heard.

“Many sick prisoners in critical circumstances have been denied bail by the court, especially after sentencing, as sentencing exhausts the veil of innocence that was generally placed on an accused or defendant before sentencing by the Constitution.

“The release of Senator Bassey from prison once again highlights the two ambiguous legal systems we operate in Nigeria: one, which serves the rich, high and powerful, and the other, which does a disservice to the poor.

“It questions the foundations of our legal system, which the Constitution states is based on social justice and the rule of law.”

The group also alleged that since his release, Bassey had been seen playing golf and attending various political rallies, including debates.

The group added: “He is healthy and well at the moment. It takes a sane person to engage in leisure activities, play golf, participate in debates, etc.

“On the other hand, rest is the best antidote to every disease, and prison is the best place for rest, relaxation and laziness. When Senator Bassey is sick, prison is the best place to rest.

“It is understood that Senator Bassey was present yesterday (Sunday, January 29, 2023) and actively participated in the televised Akwa Ibom State Governorship Live Debate, which lasted over two hours. This is a supposedly sick person who has been released on bail due to ill health.

“Assuming without admitting that the granting of bail to Senator Bassey was justified, the basis upon which he was granted bail no longer exists.

In a quick response, Senator Akpan’s media aide, Mr. Victor Essik, told our correspondent that the CSO’s call was “politically motivated.”

He also noted that the people who made such a call were useless political handymen who had to worry about the massive unemployment and unscrupulous debt left by the Udom government.

Essik said: “Senator Akpan has been released on bail by a competent court on health grounds, and has been cared for by his doctors ever since. He never attended any political campaigns as his wife and his campaign organization, Akwa Ubok Abasi Campaign, started campaigns while his doctors attended to him.

“The group’s action is a panic call given that the governor’s henchman, Umo Eno, continues to lose credibility and support from the people given the many legal hurdles and moral crises hanging from his neck.

“Senator Albert participated in the recent debate on the governorship candidate online only from his home on doctor’s orders, so he is not violating any conditions of his bail.”