By Egufe Yafugborhi & Chioma Onuegbu’

UYO – The High Court in Akwa Ibom state on Wednesday revoked the bail and issued an arrest warrant on Prof Ignatius Uduk, a University of Uyo (UNIUYO) don who is facing trial for alleged electoral fraud during the 2019 general elections.

The presiding judge, Justice Bassey Nkanang of Uyo High Court 5, decided in response to the application by the Plaintiff, the Independent National Electoral Commission (INEC), to revoke the bail after a second judgement day absence by the Defendant, neither was his Counsel, George Ezeugwu present.

INEC, under Mike Igini as Resident Electoral Commissioner (REC) Akwa Ibom state, had opened prosecution against Uduk, a Professor of Human Kinetics who served as a Collation/Returning officer for Essien Udim State Constituency during the March 2019 elections, on a three-count amended charge of abandonment of duties, publishing/announcing of fake election result scores and lying on oath.

While another UNIUYO Professor, Peter Ogban who was also arraigned by INEC under similar circumstances, was convicted and sentenced to three years in prison, the trial of Professor Uduk suffered repeated adjournments on the part of the Defendant, resulting in a change of the presiding judge.

Justice Nkanang had stood down the case for an hour and asked a Lawyer, Ndifreke Inyangette to contact the defence counsel to ascertain the reason for his absence in court.

When the matter was called again, Inyangette standing in for the Defendant’s Counsel, informed the court that Ezeugwu sent him a message via text that he was ill. He also told the court that the Defense Counsel also told him his client was also ill.

In his ruling, Justice Nkanang, admitted being aware of the defendant’s health condition, but regardless, granted prayers of INEC’s Counsel, Onwuenwunor, revoking the bail earlier granted to the defendant and issued a bench warrant against him.

He then adjourned the case till Wednesday, February 5, 202,5 for the judgment.

Onwuenwunor, SAN, on the push for Wednesday’s application that informed the ruling explained shortly after the adjournment that, “This matter was adjourned on the day for judgement today.

“As required in criminal matters, the Accused or Defendant must be present in court. The Defendant was not in court today, his lawyer was also not in court, until after the matter was stood down and it was called back.

“Persuaded by antecedents of this case where we had faced several frustrating gimmicks by the Defendant, I was moved to apply for revocation of his bail and the bail was removed, with certain conditions.

“Sureties to show court cost. The defendant is to be arrested and brought to court the next day fixed for 5th February 2025 when judgement is going to be delivered.
If he is not present in court on that day we will then take the next step we are required to take in law.”

On the shape of the next step, Onwuenwunor explained,”The provision of the Adjudication of Criminal Justice in the laws of Akwa Ibom states that trial could go on in the absence of the Defendant or an Accused standing trial but there is a condition that he must have absented self from trial twice before you can apply for warrant against the Defendant.

“So our own stood today because he wasn’t in court the last day, 20th November 2024 and today again he has absented self. The law allows us to apply for warrant of arrest against him and that’s what we have done.

“The judge agreed with us, issued a bench warrant against him, revoking his bail. Am sure the next day in court he would report positively on his presence in court.

“I called, sent messages to the other lawyer while we were here. He didn’t pick the call. While I was addressing the Court he sent message that the man (Defendant) was sick, but no prior information as to how he is sick.”