The trial judge in the case involving a former Head of Service, Steve Oronsaye, has said he intends to excuse himself from the case over an allegation of bias.
The judge, Gabriel Kolawole, granted Mr. Oronsaye bail Tuesday, nearly a week after the former Head of Service was charged by the Economic and Financial Crimes Commission, EFCC.
Mr. Oronsaye, alongside Osarenkhoe Afe of Frederick Hamilton Global Services Limited, were arrested on allegations of corruption.
The former head of service and Mr. Afe are accused of using two companies – Frederick Hamilton Global Services Limited, and Xangee Technologies Limited — for shady biometrics enrolment in a N2 billion fraud.
The judge had ordered last week that the former head of service be released after his lawyer, and the counsel to Mr. Afe, undertook to produce them in court on Tuesday when their bail applications will be heard.
But Tuesday’s hearing took a new twist as the judge, Mr. Kolawole, said he would surrender the case for reassignment of the matter.
His remarks followed an argument by the prosecuting counsel, Rotimi Jacobs, that it would be difficult to oppose bail applications for the accused persons after their release last week.
“The act of the last sitting, in which Oronsaye was released by the judge was tantamount to being released on bail,” he said.
He said he would rather focus on the conditions of the bail, than oppose it, as such effort would be futile.
He said Mr. Oronsaye already had a list of sureties to meet bail conditions, an indication that he was certain of being granted bail.
Kanu Agabi, counsel to Mr. Oronsaye, urged the court not to send his client to prison custody. He said, “Our prisons are bad.”
He urged the court to grant the accused bail “on self-recognizance”.
The counsel to the co-accused, Oluwole Aladedoye, who also represented Fredrick Hamilton Global Services Limited, added that the second accused had since 2011, when investigations into the alleged fraud began, never fled but honoured the invitations by the EFCC.
The judge, in his ruling said Mr. Jacobs’ view regarding bail for Mr. Oronsaye was intended to intimidate the court, alleging bias on the part of the court.
“I had wanted both defence and prosecution to come up with the terms of the bail, but the remarks of the prosecuting counsel that he will not oppose bail were in my view, intended to intimidate the court.”
He said the accused persons were presumed innocent until the contrary is proven in a fair hearing.
Mr. Kolawole however granted bail to the former head of service on self-recognition, and ordered that his international passport be deposited with the Chief Registrar of the Federal High Court Abuja.
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