From Lemmy Ughegbe (Abuja) and Blessing Eghagha (Lagos)

Kalu's release came as Justice Peter Olayiwola of the Federal High Court, Lagos rules today on the bail application filed by former governor of Enugu State, Chimaroke Nnamani who is standing trial for alleged financial misconduct while in office.

On July 27, a Federal High Court in Abuja admitted Kalu, who is standing trial for alleged money laundering, to bail on conditions which his lawyers described as stringent.

But he was only able to fulfil the bail conditions yesterday.

The court granted the former governor bail in the sum of N100 million with a bond deposit in a bank and two sureties in the like sum.

The sureties must have evidence of their tax payment certificate from the Federal Inland Revenue Service (FIRS) for three consecutive years as at when due.

Besides, the former Abia governor is to depose to a sworn affidavit stating the number of countries where he claims citizenship and to deposit all passports with the court.

He is also to provide two traditional rulers and to deposit three recent passport photographs with the court.

In addition, Kalu was directed to report to the Economic and Financial Crimes Commission (EFCC) once every week.

If he intends to travel out of jurisdiction, he must obtain leave of the court.

In her ruling on the bail application, Justice Binta Murtala-Nyako held that the offences are bailable and that there was the possibility of his standing trial.

According to her, "though the offence of corruption is a serious one especially now that the country is fighting corruption, I have read section 14 (1) of the Money Laundering Act as well as the submissions of counsel to both parties including the provisions of the Constitution in respect of bail and I came to the conclusion that bail be granted to the accused person. The accused person is hereby granted bail."

Former Minister of State for Foreign Affairs, Chief Dubem Onyia and Senator Uche Chukwumerije are his sureties.

Nnamani's lead counsel, Mr. Ricky Tarfa (SAN) said that the affidavit deposed to by one Mr. Yaya Achadu who investigated his client is in conflict with Sections 86, 87, 88 and 89 of the Evidence Act which state that the content of every affidavit must contain material facts which the deponent is trying to establish. He said the sources of the offences allegedly committed by Nnamani in the affidavit are vague. He contended further that for an affidavit to be taken seriously in criminal proceedings the facts stated in the affidavits must be cogent. According to him, they must not contain trivialties. In Nnamani's case, he said that all the allegations contained in the affidavit are vague.

Tarfa argued that when an affidavit does not comply with the provisions of the law, that affidavit cannot be relied upon in determining issues before a court. He further argued that under the provisions of Section 118 (2) of the Criminal Procedure Act, the alleged offences are bailable ones.

Urging the court to grant Nnamani bail with liberal and favourable conditions, Tarfa told the trial judge that all the former governors that are facing similar charges in Abuja have been granted bail by judges whom he referred to as "juniors to you." He also urged the judge not to "grant bail with one hand and take it with the other" by imposing hard and near impossible conditions as Nnamani "is a distinguished medical practitioner who would not interfere with the witnesses as alleged by the EFCC.

"We should not vilify public officers, we should not tear them apart," he said, adding that Nnamani would not jump bail as he is a Senator in Nigeria.

But counsel to the EFCC, Mr. Kelvin Uzozie, told the court that the charges against Nnamani are such that the court can ordinarily grant bail. He said that for the court to grant Nnamani bail, the following conditions must be satisfied:

his availability to stand trial;

likelihood of committing another offence while on bail;

his capacity to interfere with the witnesses lined up against him;

the gravity of the offence; and

the likelihood of conviction.
Uzozie said that the charges are serious. He argued that "where money that is supposed to be used by citizens has been diverted to the benefit of one person, it is a matter of economic crime."

According to him, granting bail to Nnamani will send a wrong signal to the public and the international community that "anyone that holds public office can deep his hand in the treasury and get away with it."

Citing decided cases, the EFCC lawyer said he wondered why Nnamani who the EFCC accuses of diverting billions of naira to his personal business interest should be granted bail. He further contended that as a former governor and now a Senator, Nnamani is "a very powerful and influential person that can interfere with the prosecution witnesses," whom he said worked under him when he was governor of Enugu State.

Granting Nnamani bail and the two other accused persons standing trial with him "will do evil to the cause of justice," he submitted.

Nnamani, through his lawyers, yesterday argued that the court has power to exercise its discretion to grant him bail, while the Economic and Financial Crimes Commission (EFCC) said granting the former governor bail would provide an escape route for him.