The Court of Appeal sitting in Abuja has dismissed an appeal filed by an Assistant Commissioner of Police, ACP, Mr. Sunday J. Ubua, challenging the decision of the Federal High Court, Abuja, which refused his application to extend his temporary bail.
The judgment, delivered on Tuesday by Justice Ntong Festus Ntong with Justices Samuel Ademola Bola and Mohammed Lawal Abubakar concurring, affirmed the ruling of Justice Emeka Nwite of the Abuja Federal High Court delivered on June 19, 2024.
ACP Ubua, a former second-in-command of the Inspector General of Police Intelligence Response Team (IRT), is standing trial alongside other officers, including DCP Abba Kyari, on allegations of conspiracy to tamper with 17.55kg of cocaine.
The charges were filed by the National Drug Law Enforcement Agency, NDLEA, in February 2022.
The appellant had previously been denied bail twice in 2022.
However, he was granted a temporary two-month compassionate bail to enable him bury his wife.
Upon expiration of the bail period, after several extensions, Ubua filed a fresh application seeking an extension or the grant of substantive bail.
The trial court rejected the application, citing the gravity of the allegations, the likelihood of interference with evidence and concerns that ACP Ubua posed a flight risk due to his status and access to resources.
Dissatisfied, Ubua approached the Court of Appeal, arguing that the Federal High Court failed to exercise its discretion properly and that he had met the conditions for the grant of bail under the Nigerian Constitution and the Administration of Criminal Justice Act, ACJA, 2015.
In a comprehensive judgment, Justice Ntong dismissed the appeal, upholding the trial court’s decision as both judicial and judicious.
The court noted that the prosecution presented credible evidence suggesting that the appellant still had strong links with a criminal syndicate and might tamper with exhibits or influence the trial if released.
It further stated that as a senior police officer with financial means and societal influence, Ubua fits the legal definition of flight risk.
The appellate court held that sections 162 and 163 of the ACJA provide exceptions to bail, many of which were triggered by Ubua’s circumstances, stressing that the trial court properly evaluated the affidavits and counter-affidavits before reaching its decision.
Justice Ntong held that appellate courts would not overturn the discretionary decisions of trial courts, unless clearly shown to be arbitrary or perverse.
He therefore ruled that ACP Ubua’s appeal was “unmeritorious and self-seeking”.
The Court of Appeal dismissed the appeal and affirmed the Federal High Court’s refusal to extend the temporary bail.
Consequently, it held that ACP Sunday Ubua will remain in custody pending the determination of the drug-related charges against him.
Eze Chidiebere Paul
I'm dedicated to creating high-quality content that informs, inspires, and delights. If you have any questions or suggestions, don't hesitate to get in touch. Happy reading!
