Peter Ogban, the disgraced Nigerian professor convicted and sentenced to three years’ imprisonment for rigging a 2019 senatorial ele
Akpabio, a former governor of Akwa Ibom State, is a member of the ruling All Progressives Congress (APC) and a strong ally of President Bola Tinubu.
The Court of Appeal, Calabar, on 30 April, upheld the lower court conviction and the three-year jail term for Ogban, a professor of soil science at the University of Calabar and a returning officer in the 2019 general elections in Akwa Ibom North-West District.
A State High Court in Uyo, on 25 March 2021, found Ogban guilty of announcing fake election results in two local government areas—Oruk Anam and Etim Ekpo—in Mr Akpabio’s favour and sentenced him to jail the same day.
However, the professor spent only about four months in prison as another judge, Pius Idiong of the State High Court, Ikot Ekpene, granted him bail on 12 July 2021, despite the opposition from the Independent National Electoral Commission (INEC), which prosecuted the professor.
The professor was freed on bail while pursuing his appeal against his conviction and sentence by the lower court.
The Court of Appeal judgement, which upheld Ogban’s conviction and jail term, was delivered virtually.
A lawyer knowledgeable about the case on Monday that the professor was not at the Court of Appeal courtroom when the judgement was delivered.
“The officials of the Nigerian prisons ought to have made sure Ogban was present in the courtroom during that judgement, and they should have taken him straight to Ikot Ekpene prisons immediately after the judgement,” he said.
A lawyer, identified by Truecaller App as Eddy, a member of the Kanu G. Agabi & Associates, admitted that the convicted professor ought to be in jail but said she did not know his exact location “at the moment.”
Richard Metong, the spokesperson of the Nigeria Correctional Service in Akwa Ibom, said he did not know if Ogban was in any of the prison facilities in Akwa Ibom. He asked our reporter to give him time to run a check, but did not call back or respond to further calls from our reporter.
Clement Onwuenwunor was the INEC lawyer during the hearing of Ogban’s bail application, while Kanu Agabi, SAN, represented the professor.
Agabi claimed Ogban had high blood pressure and tuberculosis.
According to a court document, he pleaded with the court to grant his client bail because of ill health, while he was about to go to the Court of Appeal to challenge his conviction and sentence.
He argued that the professor may suffer injustice if he remained in prison and the Court of Appeal eventually reduced his sentence, gave him an option of a fine, or discharged and acquitted him, an argument Idiong upheld in his ruling on the bail application.
According to the court document, the INEC lawyer, Onwuenwunor, in his argument, said the professor’s claim that he was ill, neither qualified for an exceptional circumstance nor an unusual reason for him to be granted bail. He said what the Supreme Court has qualified as such exceptional circumstance or unusual reason is where the convict’s ailment cannot be treated in the prison and the prison authorities are unable to arrange for such treatment outside the prison facility.
Idiong said in his ruling, “The Court agrees with the senior learned counsel (Agabi) that it is a possibility that the appeal may be allowed and the applicant (Ogban) discharged and acquitted.
“It is also possible that the sentence imposed on the applicant by the trial court may, at the end of the day, be reduced. At the end, the appellate court may also resolve to give the applicant an option of a fine in count 2 of the charge. And above all, the applicant may be cautioned and discharged by the appellate court.”
In addition, the judge ruled that “This court holds the view that although the applicant’s so-called health conditions and medical report cannot constitute such an exceptional circumstance, he has nonetheless made out a case to warrant being granted a temporary reprieve.”
According to a court document, Agabi is going to the Supreme Court to challenge the Court of Appeal’s judgement affirming Ogban’s conviction and sentence for election fraud.
Another professor, Ignatius Uduk, was recently jailed by a State High Court in Uyo for election fraud.
Uduk, a professor of Human Kinetics in the Department of Physical and Health Education at the University of Uyo, was jailed for three years.
INEC prosecuted him on three charges: announcement of false election results, publication of false results, and perjury during the 2019 general elections in Essien Udim State Constituency, where he served as INEC’s collation and returning officer.
The professor falsified the election results to the advantage of the APC candidate, Nse Ntuen, who was then an ally of Akpabio.
However, Uduk was recently granted bail by a State High Court in Uyo.
