Justice Mojisola Dada of a Lagos State Special Offences Court in Ikeja, yesterday, granted bail to a businessman, John Abebe, who is on trial for alleged forgery and $4 million fraud.
She adjourned the case till October 23, 24 and 25 for trial.
Abebe is the younger brother of the late Mrs. Stella Obasanjo, wife of ex-President Olusegun Obasanjo.
He was arraigned on July 26 by the Economic and Financial Crimes Commission (EFCC) on a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert justice.
Abebe pleaded not guilty. The judge remanded him in Ikoyi prison and adjourned till yesterday to hear his bail application.
At the beginning of proceedings, the defendant’s counsel, Kanu Agabi (SAN), moved a motion for his bail following a July 25 application, supported by an 11-paragraph affidavit.
He said: “My Lord, the fact that the defendant has taken the trouble to hire the services of the calibre of counsel here shows that he is not interested in jumping bail.
“He is anxious because his reputation is at stake. The granting of bail is in your discretion and it is not at all a formality.
“Lastly, My Lord, there is a principle that applies during sentencing, particularly when Your Lordship wants to apply a fine in terms of imprisonment.
“This applies to bail. The bail should be affordable, if not, it will be an illusion. Merely looking at the defendant, you will see he is a man of rank and position.
“Our law permits bail to the defendant and that provision will be useless if he cannot avail himself of the bail.”
But EFCC counsel, Mr. Babatunde Sonoiki, opposed him.
He said: “Before the law, there is no high profile or low profile person. Justice is blind. If the court is minded to give bail, we want the bail to be such that it will compel his attendance in court, as these are serious allegations against him.”
Upholding Abebe’s application, Justice Dada noted that documents before her showed investigations had been concluded in the case, saying the chances of interference in the proceedings by the defendant were low.
“In view of the facts before the court, I hereby grant the defendant bail upon the submission of his international passport to the court registrar, with one substantial surety.
“The surety must own property in a choice area in Lagos and must provide proof of ownership.”
Following the ruling, it was brought to the judge’s attention by the defence that Abebe’s passport was still in the EFCC’s possession.
Justice Dada said: “Since the passport of the defendant is with the EFCC, he is hereby granted bail on fulfilment of other conditions.”
The EFCC said the defendant committed the offences on June 22, 2010, in Lagos.
It alleged Abebe “knowingly forged BP Exploration Nigeria Ltd’s letter dated November 30, 1995, to Inducon (Nigeria) Ltd.”
The anti-graft agency alleged the businessman illegally inserted into page two of the letter the following: “Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4m buy-out is thus irrelevant from production of oil in any of our fields.”
It claimed Abebe attempted to pervert justice by tendering the alleged forged November 30, 1995, letter “as a fabricated evidence” in court, in a suit between Dr. John Abebe, Inducon Nigeria Ltd and Statoil Nigeria Limited.
In another count, EFCC said the defendant made an attempt to mislead the court by using fabricated evidence, contrary to Section 120 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.
The court heard that by attempting to pervert justice, Abebe violated Section 126 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria, 2003.
The prosecution said the offence of forgery violated Section 467 of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.
