Raphael Olorunfemi Okomoda V. Federal Republic Of Nigeria & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Appellant was arraigned along with the 2nd and 3rd Respondents before the Lagos State High Court, and charged with sundry offences, including conspiracy to and obtaining money by false pretences, stealing, and money laundering.

He pleaded not guilty to Counts 1 to 6 and 15 of the said Charge on 7/7/2014. The lower Court reserved Ruling on their Application for bail dated 23/6/2014, and ordered that all three of them be “remanded in Kirikiri Maximum Prison”. On 29/9/2014, learned Counsel re-adopted the arguments for their bail and in his Ruling delivered on that day, the learned trial Judge, Lawal-Akapo, J., held –

“Paragraphs 8, 9, 11, 12, 18, and 19 of the Respondent?s Counter Affidavit are very germane. They are hereby reproduced – – – – Failure of the Applicants to file a Reply to these serious and nostalgic averments amounted in law to admission of those facts … With the admission of these cogent and pointed facts can it be said that the Applicants have fulfilled the above conditions with respect to grant of bail? The answer dearly is in the negative.

By these admissions, the Applicants have demonstrated that they may not surrender themselves for trial and if released on bail may likely interfere with the Prosecution’s evidence. – – All things considered. I find no merit in the Application. It is accordingly dismissed.”

He later filed a fresh Application for bail supported by a 27-Paragraph Affidavit, wherein the Deponent, Adetoun Ogunbunmi, a legal practitioner, averred that-

“4. The Applicant and two others were arrested on 3/4/2014 and have since been in custody for a period of about 7 (seven) months now.

5. Prior to [his] arrest and detention he has been diagnosed and on treatment for stomach ulcer disease since sometimes in 2005.
6. Upon the result of the medical diagnoses conducted on [him], he was placed on fortnight clinical appointment with the said hospital to keep his condition medically stable.
7. Since his incarceration about 7 months ago, he has been unable to enjoy the required clinical appointment especially with the medical expert who is familiar with his medical history and he has been unable to observe the required diet and recommended drugs.
8. He has

been in and out of hospital from Military Hospital Ikoyi to the medical unit of the Maximum Prison, Kirikiri, Apapa.

9. [His] health has deteriorated upon being detained at the Maximum Prison, Kirikiri – – where he has been hospitalized [twice] for severe stomach pain – – vomiting of blood and unconsciousness due – – to lack of consumption of proper diet – – and admissibility of the required drugs since the Prison Health Unit lack the required facilities to handle his case.
10. Due to [his] deteriorating health, which has gravely threatened his life, [his] law firm Ola Anthony & Associates was forced to send a written complaint to the Prison Authority.
11. [His] health is complicated as the health unit has diagnosed him of High Blood pressure which – – is life threatening just as the chronic stomach Ulcer he has been bottling with.
12. In view of the foregoing development, [his] health requires very urgent attention of a well-equipped hospital with the correct facilities to cater for him in the circumstances.
13. (His) deteriorating health poses a serious danger to (his) being able to stand his trial.
14. (He) is a responsible

citizen of Nigeria, married with children, gainfully engaged in lawful business as on exporter and pays his taxes regularly.

15. (He) is of good character and has never been involved in any criminal activities prior to this allegation. He is a community leader whose developmental contribution has attached several merit awards from different quarters.
16. (He) is a graduate of the prestigious University of Ibadan (UI) where he obtained a B. SC. Degree in Mathematics in 1988 and has worked with several reputable organizations before he ventured into his own business as an Exporter. The Certificate issued to him by the Nigerian Export Promotion Council as a confirmed exporter is currently with the Economic and Financial Crimes Commission (EFCC) operatives in charge of this case.
17. [He] has operated his export business on his personal saving and loan facilities from – – Diamond Bank, where he was granted a credit line of N800, 000.00, which he serviced every 29th day of each month and has been unable to so service since his incarceration.
18. [His] failure to service the said loan has made hid said Bank (Diamond Bank) threaten to report [him]

to National Financial Institution (NDI), which threat, if carried out, has the unpleasant consequences of preventing him from enjoying credit facilities from the said bank or any other financial institution in Nigeria or and outside Nigeria and this will no doubt adversely affect his business and bring untold hardship not only to him and his family members but to all his dependents as well.

19. The EFCC who is prosecuting this case has earlier granted [him] bail while in its custody but (he) did not pursue it having been served with draft charges at the same time which gave him the impression that he may soon be charged to Court where he preferred to apply for bail. The strike of the Judicial Staff Union of Nigeria (JASUN) and the subsequent vacation by the Courts prolonged his stay in the custody of EFCC.
20. When [he] was finally arraigned before this Hon. Court (he) applied jointly with the other Defendants for bail, but same was refused as a result of certain paragraphs bordering on terrorism that were not denied in the Counter-Affidavit of the EFCC.
21. [He] informed me at Kirikiri Maximum Security Prison on 7/10/2014 – – as follows: that

–

(i) The paragraphs alleging terrorism were not brought to his notice by his former Counsel, for him to react to them;

(ii) He has never had any case whatsoever, apart from this instant one, with any deportment of the EFCC whether on terrorism or otherwise.

(iii) He mandated his new Counsel O. A. Ola to write to the EFCC to supply the evidence of that alleged terrorist act;