Court Grants Businessman John Abebe Bail Over Alleged $4m Fraud

AISHA ABUBAKAR

The Lagos State Special Offences Court sitting in Ikeja, Lagos on Thursday granted John Warimeme Abebe, the business mogul younger brother of the late Stella Obasanjo, wife of ex-President Olusegun Obasanjo, bail over an alleged $4 million fraud.

Abebe is facing a four-count charge of forgery, fabricating evidence, using fabricated evidence and attempt to pervert the cause of justice slammed on him by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada.

He, however, denied the charges during his arraignment on July 26 and was ordered to be remanded at the Ikoyi Prisons.

However, at the Thursday’s bail proceedings, Mr. Kanu Agabi, SAN, Abebe’s lawyer, via a bail application dated July 25 and supported by an 11-paragraph affidavit, asked the court to grant the accused the bail.

Agabi said the judge should take cognizance of Abebe’s high status in the society and that the defendant in a bid to absolve himself of the charges had hired the services of four Senior Advocates of Nigeria.

“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 the bail would 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,” Agabi said.

Responding, Babatunde Sonoiki, the EFCC counsel, in an application supported by an 8-paragraph affidavit, said Abebe should face justice irrespective of his status.

Sonoiki told the court: “Every citizen of Nigeria is being called before the law and 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 would compel his attendance in court as these are serious allegations against him.”

Justice Dada, while granting Abebe bail, noted that documents before her revealed that investigations had been concluded in the case, adding that the chances of interference in the proceedings from 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 of Lagos and must provide proof of ownership,” she said.

Following the ruling, it was brought to the judge’s attention by the defence that Abebe’s passport was still in the possession of the EFCC.

Based on this, Justice Dada said since the defendant’s passport is with the EFCC, she then granted him bail on fulfillment of other conditions.

Rotimi Oyedepo, the EFCC prosecutor who was present at Abebe’s arraignment on July 26, said the defendant committed the offence on June 22, 2010 in Lagos.

His claims: “Abebe knowingly forged BP Exploration Nigeria Ltd’s letter dated Nov. 30, 1995 to Inducon (Nigeria) Ltd. He committed the forgery by inserting in page two of the said letter the following words: Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4 million buy-out is thus irrelevant from production of oil in any of our fields. He purported same to have been issued by BP Exploration Nigeria Limited.”

The prosecution claimed that the defendant used the said forged letter as evidence in suit: FHC/L/CS/224/2010 between Abebe, Inducon Nigeria Ltd and Statoil Nigeria Ltd at the Federal High Court.

The evidence was admitted and marked exhibit BB in the suit.

The EFCC, the defendant through his actions attempted to pervert the course of justice.

The offences violated Sections 120(1), 120(2), 126(2) and 467 of the Criminal Code Law of 2003.

Justice Dada adjourned the case until October 23, October 24 and October 25 for trial.