The senator representing Borno South, Ali Ndume, has offered to stand surety for former chairman of the Pension Reform Task Team (PRTT), Abdulrasheed Maina, in his bid to secure bail.
Joe Gadzama (SAN), counsel to Maina, while moving an application on Tuesday for further variation of the bail conditions, had informed the court that his client had fulfilled all the conditions for bail, which included getting a senator to stand as a surety for him.
However, he informed the court that one bail condition had not been fully met, which was why the defendant was seeking further variation of the bail terms, which was previously varied.
“In a desperate move to get freedom and liberty, we filed an application before the Court of Appeal Abuja,” Gadzama said.
“Finally, Senator Ndume agreed to stand as a surety which made us withdraw the appeal by filing a notice of discontinuance.
“The applicant has met all the conditions, but only one, which is that the surety must have a certificate of occupancy.
“The surety has submitted a certificate of occupancy of a landed property, but it is not in his name. It is in the name of Lawal Ahmed. But, the owner is Ndume, who purchased it from Lawal Ahmed.
“In addition, there is a certified irrevocable power of attorney by Lawal to Ndume. It is as good as the certificate and supersedes the certificate because it is the latest in time.”
Gadzama told the court that in the Federal Capital Territory (FCT), once a certificate of occupancy is issued in a person’s name by the Federal Capital Development Authority (FCDA), that name cannot be changed even when another person acquires the property.
“The only way to show new power of ownership is by issuing irrevocable power of attorney.
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“The court has granted bail earlier and the court would be joyful to see the applicant enjoy the bail.
“The only reason why he is still being held is because the court said it has to be a certificate of occupancy in the name of the surety. We ask my lord to tamper justice with mercy,” he said.
The defence counsel also told the court of Maina’s ill health.
“This gentleman is very sick. He needs to see an ophthalmologist because he cannot see well. He also needs an orthopedic surgery,” the lawyer stated.
“It is in the interest of parties and the public whose funds is alleged to have been tempered with for him to live and face trial.
Reacting, the prosecution counsel, Farouk Abdulah, urged the court to dismiss the application for further variation of the bail terms.
He submitted: “A power of attorney does not convey title. In the case of the FCT, it is only the President that can allocate land to an individual. The minister of the FCT exercises the power on behalf of the president.
“No individual who has enjoyed the power of allocation from the minister can allot to himself the power to further allocate or transfer that land to another.”
Meanwhile, the presiding judge, Justice Okon Abang, has fixed June 29 for ruling on the application.
