BY  BARTHOLOMEW MADUKWE, CHIDIMMA OKEREAFOR & NANCY OGBUJI
A Lagos State High Court, Igbosere, yesterday, granted bail to a US based Nigerian lawyer, Emeka Ephraim Ugwuonye, who was arraigned on November 15, 2011, by the Economic and Financial Crimes Commission, EFCC, over an alleged stealing and diversion of $94, 948.00 belonging to one Mr. Sola Adeeyo- a client.

The trial judge, Justice Christopher Balogun, while admitting him bail, noted that the purpose is not for Ugwuonye (defendant) to impede trial as he was reported to have sent libelous and disparaging statements against the EFCC.

“In respect of the submission of the parties, it is not in contention whether this court has the jurisdiction to grant the defendant (Ugwuonye) bail”, Justice Balogun said, adding that the offence is one that the court has the jurisdiction to grant the defendant (Ugwuonye) bail, except when there are convincing reasons not to.

The defendant was admitted bail in the sum of N6 million naira and 2 sureties in like sum, who must be residence in Lagos State, having credible evidence of property ownership in Lagos, with 3 years tax clearance. According to the charge, the defendant (Ugwuonye) was said to have sometime in the year 2007 at Lagos, within the jurisdiction of the High Court of Lagos State, received $94, 948.00 from Adeeyo, on acting as Attorney and converted the said money to his personal use.

The offence is contrary to Section 383 of the Criminal Code Law, Cap 17 Laws of Lagos State 2004 and punishable under Section 390 (8) (b) of the Criminal Code Law Cap 17 Laws of Lagos State, 2004.

Charge two read: “That you Emeka Ephraim Ugwuonye sometime in the year 2007, at Lagos, within the jurisdiction of the High Court of Lagos State, being entrusted with the sum $94, 948.00 (Ninety Thousand, Nine hundred and Forty Eight United States of American Dollars) property of Sola Adeeyo with intent to defraud, converted the said sum to your personal use, which use was not authorized by Sola Adeeyo and thereby committed an offence contrary to Section 434 of the Criminal Code, Cap 17, Laws of Lagos State, 2004.

Ugwuonye (defendant) had pleaded not guilty to the charges preferred against him by the EFCC, and his Counsel, Bamidele Aturu, asked the court to consider the bail application of his client who had been kept in EFCC custody since October 26, 2011. He also urged the prosecution to be flexible on the ground that the defendant in the matter is a lawyer.

Bamidele pleaded with the court that his client (Ugwuonye) be remanded in EFCC custody because the Prison would be too harsh for him, saying “those of them who had been to KiriKiri know that it is not a funny experience.”  He further told the court that offence for which his client was charged before the court was bailable and assured the court that the defendant will not jump bail.

The embattled lawyer was arrested on February 12 at the Murtala Muhammed International Airport in Lagos by the State Security Services over controversial real estate transactions with the Nigeria Embassy in Washington DC., before he was brought before the Lagos State High Court on a different charge of defrauding.

He (Ugwuonye) is alresdy facing two criminal cases before a Federal High Court and an FCT High Court, Abuja and had been granted bail in the two said courts before he was arrested and brought before the Lagos State High Court.  Sequel to the charges, Justice  Balogun had asked that the defendant’s bail application in Abuja cases be made available to the court.

EFCC held that Ugwuonye (defendant) is likely to jump bail and that his American and Nigerian passports must be confiscated should he be granted bail. They also drew the attention of the court to the defendant’s historical background and professional capacity as a lawyer, saying “Ugwuonye is likely to interfere with further investigation as well as intimidate witnesses in the case.”