Court Releases Senator Jang on Bail

BY CHAMBERLAIN ODEY, JOS – Justice Daniel Longji of the Plateau state High Court 5 ON Thursday ruled on the bail application brought before it by Senator Jonah Jang, and granted the application and released the senator on conditional bail.
Delivering the ruling, Justice Longji noted that “two separate applications were filed and argued for the bail of the first and second accused persons respectively”, saying that in “moving the motions on notice”, the defense, through its lead counsel, Robert Clarke, SAN, brought to bear supporting affidavits and accompanying written addresses, to plead the issue of bail for the accused.
According to the presiding judge, although the offences border on “criminal breach of trust and misappropriation”, these not being capital offences, the defense “referred to the depositions in the
supporting affidavits and submitted that the applicants have shown cogent reasons in satisfaction of the provisions of the applicable law and grounds upon which the applications for bail ought to be granted”.
According to Justice Longji, the defense counsel insisted and was particular as he prayed the court to not only grant bail to the accused, but should do especially to the first accused unconditionally, in recognition of his pedigree as a three-time governor, and now a senator of the Federal Republic of Nigeria.
Besides, the defense contended further, “the accused persons were presumed innocent”.
Although the Economic and Financial Crimes Commission (EFCC), through its counsel, Rotimi Jacobs, SAN, relying on the time honoured values and imperatives of efficient management of criminal justice institution, speedy dispensation of justice, protection of society from crime, and the protection of the right of the suspect and victim, and reminded the court of the weight of evidence, nature and gravity of the offence, the probability of guilt, and the likelihood of the accused to obstruct the course of justice, urged the court to reject and throw out the bail applications.
However, in granting the bail applications, Justice Longji stated that the judgement is an aftermath of a careful perusal of the arguments and counter-arguments and addresses and counter-addresses canvassed by both the defense and the prosecution.
Longji held that although the “learned counsel for the prosecution/respondent has submitted that the applicants have not placed any cogent material before the court to warrant the exercise of discretion by the court…, I think otherwise. The fear of the prosecution/respondent, particularly with respect to the first accused/applicant, is that he is a man of great influence and was likely to interfere with the witnesses by intimidating them”.
Justice Longji held further that “the fear of the prosecution that the first accused/applicant would interfere with the witnesses, and might not make himself available for prosecution, etc remain in the realm of speculation and suspicion, and it is the law that suspicion, no matter how strong, cannot be acted upon by a Court of law”.
In respect of the seriousness of the case, Justice Longji maintained no less, saying “I agree that the law allows me to look at the proofs of evidence. But I must caution myself – indeed warn myself, not to
jump into any conclusion that might amount to pre-judging the accused/applicants”.
Accordingly, he held, “it is my candid view for now that the accused/applicants, having shown by affidavit evidence that they will not interfere with witnesses, will not jump bail, and that they would
make themselves available at the trial court to answer the charges against them, I should exercise my discretion in their favour”.
Thus, the first accuse, Senator Jonah Jang, was granted bail in the sum of N100 million and two sureties, one of whom must be a traditional ruler of first class status within the jurisdiction of the court, while the second accused received bail for N50 million with two sureties, one of whom must be of the rank of permanent secretary.