Court orders IG to free Udoedehe

THE Abuja Division of the Federal High Court, yesterday, ordered the Inspector General of Police, Mr. Hafiz Ringim, to release the embattled Akwa Ibom State gubernatorial candidate of the Action Congress of Nigeria, ACN, Mr. John James Akpanudoedehe from detention forthwith. The high court gave the order on a day an Uyo Chief Magistrate Court declined jurisdiction on his murder trial and ordered his remand in prison custody for 24 hours before arraignment in a court of competent jurisdiction.
The Abuja High Court order was sequel to a motion ex-parte dated April 5, which was filed by lead counsel to Udoedehe, Chief Kola Awodein, SAN, arguing that the prosecution defied the sanctity of the judiciary by not only molesting his client right inside the courtroom, but equally whisked him back to custody despite that he was ab-initio released on bail by the court.
While arguing the motion yesterday, Awodein told trial Justice Adamu Bello that the ACN guber candidate was yet to regain his freedom from police custody, bemoaning that a great injustice would be occasioned against him should he remain in detention till April 26 when governorship elections are billed to hold across the federation.
Abuse of court process
He maintained that the IGP specifically ordered the arrest of the applicant for the purpose of remanding him in jail with a view to inhibiting the accused/applicant from perfecting his bail conditions, just as he contended that the conduct of the police constituted an abuse of court process as it was designed to frustrate, irritate and annoy the accused/applicant.
Awodein argued: “The conduct of forcibly removing and abducting the accused/applicant and thus preventing him from perfecting the conditions of his bail by the IGP, his officers and the prosecution, amounts to usurpation of the authority of this court. If this ex-parte order is not granted by this court, a grave mischief, irreparable loss and damage will be occasioned against the applicant if the respondent is firstly put on notice in the usual way.”
He urged the trial Judge to take judicial notice of a 17-paragraph affidavit of urgency deposed to by one Benson Igbanoi, so as to appreciate the level of persecution the embattled ACN candidate has undergone and is still undergoing in the hands of the police.
The deponent in the affidavit, averred that “having regard to the manner that the applicant was forcibly adopted from the courtroom where he was slapped and physically molested by police officers and agents of the respondents, there is very grave apprehension for the applicant’s safety and well being.
He added: “That the applicant who has been arrested by the police since March 22, 2011, is very hypertensive and suffer from polyuria, polybypsia and blurring vision and his health is in serious jeopardy as he has been denied medications and the proper medical attentions that his health conditions demand.”
After listening to the passionate plea tendered to him by the defence counsel, Justice Bello issued a mandatory order directing an unconditional release of the applicant from custody, adding that the police IG should immediately give effect to the order that was hitherto made by the court on March 30, admitting the accused person to bail pending the hearing and determination of the substantive charge against him.
It would be recalled that the court, presided by Justice Bello on March 31, granted Udoedehe bail in the sum of N10 million and a surety in like sum.
Aside from the fact that such surety must have a landed property within the jurisdiction of the Federal Capital Territory, the trial court equally ordered the applicant to write an undertaking that he would not engage in any act capable of breaching peace in the state or anywhere in the country, stressing that breach of any of the conditions would amount to an automatic revocation of his bail.
The accused person was unable to enjoy his temporary respite  as scores of armed police men immediately swooped on him while he was still perfecting the bail terms, and whisked him back into detention over a fresh charge bothering on arson and murder.
The high court had granted him bail on the basis of a four-count criminal charge bothering on treason.
His trial was at the behest of the police boss who accused him of conspiring with some persons presently at large, at Ikot Ekpene in Akwa Ibom State, to commit felony and treason by levying war against the state with an intent to intimidate and overawe the incumbent governor of the state, Godswill Akpabio.
The four allegations slammed against him attract death penalty upon conviction.

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