Ngige remanded in prison over N2bn fraud

A Federal High Court in Abuja on Friday remanded the former Minister of Labour and Employment, Chris Ngige, at Kuje Prison following his arraignment by the Economic and Financial Crimes Commission over alleged contract fraud amounting to N2.2bn.

In a short ruling after Ngige entered a not guilty plea to the eight-count charge filed against him, Justice Maryam Hassan adjourned hearing of the former Anambra governor’s bail application to December 15, prompting the remand.

The charges centre on abuse of office and acceptance of gifts from contractors of the Nigeria Social Insurance Trust Fund while he served as supervising minister between September 2015 and May 2023.

The prosecution counsel, Sylvanus Tahir, SAN, applied for a trial date after the ex-minister’s plea.

He said, “In view of the not guilty plea entered by the defendant, we humbly apply for the trial date. We further pray, my lord, that the accused be remanded at Kuje Prison pending the commencement of the full trial.”

But the defence lead counsel, Patrick Ikwueto, SAN, opposed the EFCC’s submission and urged the court to grant his client bail on health grounds, noting that the former minister had been in EFCC custody for three days before the arraignment.

He said, “The defendant has taken his plea, and your lordship is now in full control of this trial. As I mentioned earlier, the defendant has been in the custody of the EFCC for the past three days, during which the charge was served on him. The charge was filed yesterday and assigned to this court.

“The issue of whether he will be granted bail or not is a right under our Constitution. The defendant is not an unknown person in this country; I don’t think there is anyone who will say they do not know him.

“I urge your lordship to grant the defendant bail, and we are ready to meet any conditions your lordship may set. Even this morning, he mentioned needing to go to the hospital. The prosecution is asking for his remand, knowing fully well that they don’t have the facility to cater to his health issues at Kuje.”

Ikwueto added that the defendant’s alleged offence was not comparable to a terrorism charge that would warrant the denial of bail.

“It’s not like he embezzled the ministry’s money or that of the NSITF. The trial will determine how those contracts were awarded. It’s not a terrorism or treason offence.”

However, the prosecution countered, insisting that the defendant’s alleged offence was not trivial and should not be downplayed by the defence.

“The offences with which the defendant is charged are by no means minor; they are significant crimes that, if found guilty, could attract a prison term of no less than five years. The attempt to trivialise the crime is misleading the court. The defendant previously applied to travel on medical grounds and was graciously granted his international passport. Since his return, he has neither reported to the EFCC nor returned the passport. As we speak, his international passport is not with the EFCC. We reiterate that the defendant be remanded in Kuje Correctional Centre,” the prosecution said.

Citing sections of the Administration of Criminal Justice Act, Ngige’s lawyer said, “I will crave my lord’s indulgence and pray that your lordship exercise discretion to allow an oral application for bail for the defendant on health grounds.”

The prosecution counsel informed the court that it had received a formal bail application from the defendant on Friday morning. It argued that the defendant must either withdraw the formal application and proceed orally or stick to the formal one, as both cannot run simultaneously.

“There is a pending formal application filed at exactly 8:56 a.m. However, if the defendant wishes to pursue an oral bail application, the court cannot consider both. One must give way for the other. They can abandon the formal and move the oral,” the EFCC counsel said.

Ikwueto responded that the formal bail application was not ripe for hearing because it was filed that morning, hence the decision to opt for an oral application for the sake of the defendant’s health.

He said, “It was filed at 8:56 a.m., which means it is not ripe for hearing. Your lordship is the master to decide whether to hear this application on health grounds. The defendant must be healthy and alive to face the charge. I pray that the bail EFCC granted him be allowed to continue.”

The counsel further explained that the defendant could not return his passport after his trip because it was stolen along with other belongings.

“The defendant wrote to the commission after he returned from London for his medicals. On the train he boarded, his bag was stolen. That bag contained his passport, important documents, money, and other belongings,” Ikwueto said.

The judge, in response, questioned how the defendant returned to the country without a passport.

“How did he come back without a passport?” Justice Hassan asked.

Ikwueto replied that the defendant returned with a travel certificate and had sworn an affidavit, adding that all relevant documents were submitted to the EFCC.

The EFCC counsel responded, “These documents are not before the prosecution.”

The defence counsel further appealed to the court to grant Ngige bail after the judge suggested setting a short date for both parties to return for the hearing of the bail application.

Ikwueto said, “My concern, my lordship, is what will happen to the defendant before Monday or Tuesday—his health. I plead with your lordship to kindly consider his health and grant him bail.”

He also told the court that because he knows the defendant to be “a noble gentleman,” he could stand for him, adding that he does not pose a flight risk.

The EFCC lawyer replied, “Counsel can never be a surety, and the defendant, as it stands now, poses a flight risk.”

The judge suggested remanding the defendant at the Kuje Correctional Centre, but the EFCC counsel said the facility was full and could not accommodate him at the moment due to new admissions.

The judge thereafter adjourned the matter to Monday, December 15, to hear the bail application and ordered that the defendant be remanded at Kuje Correctional Centre.