The Nigerian police on Wednesday arraigned two lawyers on forgery and impersonation charges at the Federal Capital Territory (FCT) High Court in Apo, Abuja.
Trial judge Jude Onwuegbuzie granted the first defendant, Victor Giwa, bail on stringent terms and conditions, but denied bail to the second defendant, Bukola Ibitade, a nursing mother.
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The court rejected Ms Ibitade’s request on the grounds of the defence lawyer’s failure to include her name in the formal bail application.
The defence made futile efforts to persuade the judge to allow an oral amendment to accommodate Ms Ibitade in the bail application.
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The police had charged the defendants with three counts, including forgery of a letter on the purported letterhead of a Senior Advocate of Nigeria (SAN), Awa Kalu.
According to the indictment, Mr Giwa allegedly forged the letter purportedly appealing to the Attorney-General of the Federation (AGF) to stop his arraignment before Judge Samira Bature for an earlier case on 2 July 2024.
The forged letter was allegedly titled, ‘Urgent and Solemn Appeal to Suspend the Arraignment of Our Colleague Victor Giwa on Charge Number: CR/222/2023’.
The police alleged that the forgery was done “with the intention of causing it to be believed that such a document was made, signed and sealed by the authority of the said letterhead.”
The indictment also charged both defendants with illegal eviction, criminal intimidation, threat to life, and property damage amounting to N300 million.
The police accused them of committing the offences on 28 June 2024.
But both pleaded not guilty to the charges.
Bail conditions
Arguing for the defendants’ bail, defence counsel, Edwin Anikpenu, a Senior Advocate of Nigeria (SAN), cited their standing as legal practitioners and the second defendant’s status as a nursing mother.
To correct Ms Ibitade’s exclusion from the bail request, Mr Anikpenu pleaded with the court to allow an oral request to include her in the bail application.
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Responding, the prosecution lawyer, Asaph Eristo, citing the defendants’ absence from previous proceedings, maintained that Mr Giwa posed a flight risk. He urged the court to remand him in custody to prevent him from interfering with investigations.
Following the arguments, the judge reprimanded the defence for attempting to request Ms Ibitade’s bail orally, instead of filing a proper written application.
“It is shocking that a lawyer, a senior advocate, would come through an oral application and attempt to add another defendant without documentation. With 13 lawyers present, none deemed it fit to file a proper bail application,” the judge said.
In his ruling, the judge denied Ms Ibitade bail and remanded her in the correctional facility in Suleja.
However, the judge granted Mr Giwa bail in the sum of N30 million and directed him to present two grade level 16 civil servants that are resident in Abuja as sureties.
He added that the security guards must submit their passports, while ordering Mr Giwa to remain in custody until he met his bail conditions.
He adjourned the case until 15 October.
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