The Independent National Electoral Commission (INEC) has opposed a bail application pending appeal which was filed by convicted Professor Peter Ogban at a High Court sitting in Ikot Ekpene Division, Akwa Ibom state.
Professor of Soil Science, University of Calabar, (UNICAL) Cross River State, who had acted as the Collation/ Returning officer during the 2019 National Assembly elections was sentenced to 36months imprisonment by the Akwa Ibom High court 2 sitting in Ikot Ekpene on March 25, 2021.
He was found guilty of manipulating and falsifying the scores of election results in Oruk Anam and Etim Ekpo local government areas in favour of the All Progressives Congress (APC) party.
The application for bail was filed on June 17, 2021, through his Counsels led by Chief Kanu Agabi,( SAN)and supported by 16-paragraphs affidavit.
At the hearing of the bail application on Thursday Chief Agabi, told the court that the application for bail pending appeal is based on Heath grounds as stated in paragraphs 9, 10 and 11 of the affidavit.
He urged the Court to use it discretion and mercy to grant bail to the Professor, adding that the applicant does not have any criminal records before his conviction in March this year.
Lawyer to the INEC, Clement Onwuenwunor who had filed a 21 paragraph counter- affidavit argued that before the bail is granted the applicant in the case must first demonstrate exceptional circumstances or unusual reasons before the court could exercise discretion in his favour.
Onwuenwunor submitted that for the very fact that the applicant is supposedly ill neither qualifies as an exceptional circumstance or unusual reason to sway the judge.
Fielding questions from newsmen within the Court premises, Onwuenwunor, said, “There was a bail application pending Appeal. For such application to be granted the applicant must give exceptional circumstance or unusual reason to the Court.
” They have exhibited a medical report, but from our point of view that medical report does not satisfy the requirements. So we have argued passionately that since he (Ogban) has been convicted, he needed to have done more to be entitled to the court discretion, but every other thing is for the judge to decide, we have done our part.”
The presiding judge, Justice Pius Idiong, adjourned the matter to July 12, 2021 for ruling.
