Professor convicted for rigging election for Akpabio walks free instead of serving jail term

The professor was released on bond while he appealed the lower court's conviction and punishment.

The Court of Appeal rendered its decision digitally, upholding Mr. Ogban's conviction and jail sentence.

The professor was not present in the Court of Appeal chamber when the verdict was handed down, a lawyer with knowledge of the matter informed DOROTV on Monday.

"Prof. Ogban should have been in the courtroom when that decision was made, and the Nigerian prison officials should have taken him directly to Ikot Ekpene prisons after the decision," he stated.

A lawyer from Kanu G. Agabi & Associates, named by Truecaller App as Eddy, acknowledged to Dorotv on Monday that the convicted professor should be behind bars, but she said she was unsure of his precise whereabouts "at the moment."

The Nigeria Correctional Service spokesperson in Akwa Ibom, Richard Metong, stated that he was unsure if Mr. Ogban was in any of the prisons in the state. 

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.

Kanu Agabi, SAN, represented the professor at the hearing of Mr. Ogban's bail plea, while Clement Onwuenwunor represented INEC.

Mr. Agabi asserted that Mr. Ogban had TB and high blood pressure.

As he prepared to appeal his conviction and sentence in the Court of Appeal, he begged the court to allow his client bail due to his poor health, according to a court document obtained by DOROTV.

In his decision on the bail application, Mr. Idiong supported his position that the professor may suffer injustice if he stayed behind bars. The Court of Appeal ultimately lowered the professor's sentence, offered him a fine, or released and acquitted him.

The INEC attorney, Mr. Onwuenwunor, argued in the court document that the professor's claim of illness did not qualify as an uncommon circumstance or an unusual reason for him to be granted bail. According to him, the Supreme Court has defined an exceptional condition or uncommon cause as one in which the prison administration is unable to arrange for treatment outside of the prison facility and the convict's illness cannot be treated inside.

In his decision, Mr. Idiong stated, "The Court concurs with the senior learned counsel (Agabi) that there is a chance the appeal will be granted and the petitioner (Ogban) will be released and exonerated.

Additionally, it's possible that the trial court will ultimately decide to lower the applicant's sentence. In count 2 of the charge, the appeal court may ultimately decide to offer the petitioner the choice of a fine. Above all, the appeal court has the authority to caution and dismiss the petitioner.

"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 nevertheless made out a case to warrant being granted a temporary reprieve," the judge further declared.

According to a court document seen by our reporter, Mr Agabi is going to the Supreme Court to challenge the Court of Appeal’s judgement affirming Mr Ogban’s conviction and sentence for election fraud.

A State High Court in Uyo recently imprisoned another professor, Ignatius Uduk, for election fraud.

Mr. Uduk, a professor of human kinetics in the University of Uyo's Department of Physical and Health Education, received a three-year prison sentence.

He was charged by INEC with three offenses: perjury, publication of fraudulent results, and announcement of false election results during the 2019 general elections in the Essien Udim State Constituency, where he was INEC's collation and returning officer.

To benefit Nse Ntuen, the APC candidate and Mr. Akpabio's ally at the time, the professor fabricated the election results.

However, a State High Court in Uyo recently granted Mr. Uduk bail.