Bail application: Nwude petitions NJC, accuses judge of bias


Emmanuel Nwude, a defendant undergoing trial at an Ikeja Special Offences Court, has petitioned the National Judicial Council (NJC), Abuja, accusing the judge presiding over his case, Justice Mojisola Dada, of bias.

In the petition, addressed to the NJC Chairmandated Aug. 3 and made available to the News Agency of Nigeria (NAN), Nwude accuses Justice Dada of meting out injustice to him in the suit no. ID/6407C/17.

He claimed that his two co-defendants — Emmanuel Ilechukwu and Roland Kalu — were granted bails by Dada immediately after they were arraigned by the Economic and Financial Crimes Commission (EFCC) over alleged fraud offences on Feb. 11.

Nwude alleged in the petition that rather than granting him bail like his co-defendants, Justice Dada had rejected his bail application thrice.

The petition read in part : “It is worthy of note that offences for which I am tried are not capital in nature. The offences are normally bailable offences.

“In line with Section 36(5) of the Constitution of the Federal Republic of Nigeria, the constitutional right to presumption of innocence is in my favour.

“It is worthy of note that the offences for which I am presently tried are offences for which I have been convicted before Honourable Justice J. O. K Oyewole of the Ikeja Division of the Lagos High Court.

“Judgment has been delivered in respect to that matter and the sentence terms have long been served.”

According to him, undergoing trial in respect to the same offence will amount to double jeopardy contrary to the provisions of the 1999 Constitution.

Nwude claimed that Justice Dada had in a ruling delivered on June 21, erroneously refused his application for bail on the grounds that he was presently serving a jail term.

“This position is incorrect as I am currently not serving any jail term but I am only being remanded on the basis that my bail application was refused thrice.

“Honourable Dada has found me guilty of the offence for which I am being tried even before hearing,” Nwude alleged in the petition.

Nwude and his co-defendants are undergoing trial over a 15- count charge of conspiracy, forgery, making documents without authority, dealing with forfeited property without authorization and transfer of forfeited property to nominees.

Other charges include making false statement to a public officer, conspiracy to pervert the course of justice, attempt to pervert the course of justice, fabricating evidence, giving false evidence under oath and giving false information to the EFCC.