EFCC give reasons Why Orji Kalu can’t be granted Post Conviction bail

On Tuesday, Kalu’s counsel, Mr Lateef Fagbemi (SAN) informed the court of a bail application he filed on behalf of the former governor, seeking to be released on bail pending the outcome of his appeal against the judgement.

However, EFCC counsel, Mr RotimI Jacobs (SAN), opposed the bail application:
“Although bail is generally a right of an accused as guaranteed by the Constitution, it is not a right available to a convict because the presumption of innocence had crystallised into guilt”.
According to Jacobs, an application for bail pending appeal is sparingly granted.
He said that such a bail could be granted in a situation where the term of imprisonment would have elapsed before determination of the appeal.

He argued that, that was not the situation with Kalu’s case.
On Kalu’s health condition, Jacobs said that there was no recent medical report to show his state of health, arguing that the medical report tendered in his case was done more than a year ago.
Jacobs added that the request by Kalu to be released on bail so as to seek traditional medicine was not tenable, as visitors were allowed into the custodial centre.

“He says he needs his herbalist to treat him but he has not said that his herbalist came to the prison and was not allowed to see him.
“In one breath, the applicant is saying that he wants to be released on health grounds while in another breath, he is saying that as a Senator, he needs to be released on bail so as to carry out his official functions,” he said.
Citing the case of the Federal Republic of Nigeria vs Joshua Dariye, he argued that the Nigerian criminal jurisprudence was robust enough to handle the appeal and dispense with the same within a reasonable time.

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Besides, he argued that the medical facilities at the Ikoyi Custodial Centre were capable of handling Kalu’s medical condition.

Ruling on the bail application was adjourned to Dec. 23, 2019.

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