Fatimah Otunsanya
The Federal Capital Territory High Court sitting in Gwarimpa, Abuja, has fixed Thursday, December 18, to deliver its ruling on the bail application filed by a former Minister of Labour and Employment, Chris Ngige, over an eight-count ₦2.2 billion contract fraud charge brought against him by the Economic and Financial Crimes Commission.
The trial judge, Justice Maryam Hassan, fixed the date after counsel to the EFCC, Sylvanus Tahir, SAN, and counsel to the defendant, Patrick Ikwueto, SAN, argued for and against the bail application.
When the matter was called for a hearing on Monday, Tahir recalled that the proceedings were adjourned from Friday to Monday for the hearing of arguments on the bail application.
He added that the court had adjourned to enable the prosecution, which was served with the motion for bail on Friday morning, to study the application and file a response.
He, however, informed the court that a response had since been filed.
“The prosecution filed a counter-affidavit to the bail application today, December 15,” he said.
Responding, the lead defence counsel, Ikwueto, rose to argue the bail application on behalf of his client.
In his submissions, he urged the court to grant the application, stressing that the former minister does not pose a flight risk, contrary to the prosecution’s claim.
“The application was filed on December 11, 2025. It is seeking, my Lord, medical relief, which is bail. We rely on your Lordship to consider the application. My Lord, we have a further affidavit of seven paragraphs,” he said.
Addressing the prosecution’s counter-affidavit, Ikwueto said: “My Lord, I can see that the prosecution has filed a counter-affidavit. I ask your Lordship for a little time to address paragraphs eight and nine of the counter-affidavit.
“Paragraphs eight and nine state that the defendant poses a flight risk and that no amount of sureties can prevent him from fleeing abroad and abandoning his trial.”
He argued that although the prosecution alleged that the defendant breached the administrative bail earlier granted to him for a medical trip abroad by failing to return his international passport upon his return, there was documentary evidence showing that the defendant lost his passport in London during the trip.
According to him, reports were made to the UK Home Office, the Nigerian High Commission in London, and authorities in Abuja regarding the loss of the passport.
He added that nowhere in the counter-affidavit did the EFCC state that it investigated the alleged loss of the passport and found the claim to be false.
He further argued that, when placed side by side, documentary evidence carries more weight than a sworn affidavit.
“Your Lordship knows that in our law, documents command a higher degree of acceptance than oral testimony in a sworn affidavit. Documents bear more authenticity than words from the vocal cords of man,” he said.
Ikwueto also described it as contradictory for the prosecution to claim that the defendant could flee when he did not possess an international passport.
“In this case, the issue is whether the defendant can flee. How? The defendant must have travel documents, and it is presently confirmed that he does not. I therefore urge your Lordship to be persuaded by the documents before you showing that the defendant lost his international passport and reported the loss to the High Commission in London.
“If the prosecution says the defendant is a flight risk and can leave the country at will while in possession of his travel documents, I submit that this statement, even though contained in an affidavit, is false.
“If this affidavit says the defendant has his international passport, and there is a report at the High Commission in London that he lost it, how will he pose a flight risk? How will he travel? There is no record that he has obtained a new passport from the Immigration Service,” he argued.
He further contended that if the defendant was a flight risk, he would not have returned to the country after being granted administrative bail.
After hearing arguments from both sides, Justice Hassan adjourned the matter to December 18 for ruling on the bail application.