Pregnant Banker, Hubby Fail To Meet Bail Conditions

UCHENNA, the lady banker  at the centre of the storm is said to be carrying a seven month- old pregnancy, an indication that she may be delivered of the baby in the prison.
The Chief Magistrate, Miss A. O. Awogboro, had in separate sittings granted the couple bail in Charge No.M/455/2009 preferred against them by Financial Malpractises Investigation Unit (FMI) of the Police Special Fraud Unit (SFU), in Lagos, in a matter of stealing of N130million from Fidelity Bank.
While granting the couple bail, the Magistrate said, "Bail is hereby granted to the defendant in the sum of one million Naira with two responsible sureties each in like sum. Sureties must be resident within Lagos metropolis. They must be owners of residential properties within Lagos metropolis.  They must show clearance receipts in the last three years. They must show evidence of gainful employment and not below level 15 officers either in the civil service or private business. Both the residential and official addresses of the sureties must be verified by the court.
A twist was on Tuesday, June 23, added to the case, as an attempt by the Abazus' counsel, Nnaemeka Amaechina, to secure their bail from a Lagos High Court, in Igbosere, did not just hit a brick-wall, but was compounded.
The High Court Judge had upheld the bail conditions given by the lower court but increased the number of sureties from two to three.
Meanwhile, in a Summons on Notice filed at the Lagos High Court, the solicitor sought an order granting bail to the Abazus under more liberal terms, adding that "alternatively, an order varying conditions of bail granted by the Chief Magistrates Court of Lagos State, Tapa to the defendants/applicants in this case under more liberal terms".
Also, in his written address in support of summons for bail, counsel to Abazus noted that poor conditions of Nigerian prisons have been taken judicial note of by the Court of Appeal in Jammal v.State (1996) 9 NWLR (pt472)352 at 368.
"In Ariyo v. C.O.P. (1989) !CLRN 287 at 291 A-B, it was held that the fact that criminal trials are delayed is a relevant factor in consideration of bail. In this case, trial has not started and one cannot now estimate how long it will take the prosecution to open and conclude their case.
"We submit that this is a case where interest of the State makes it imperative that bail be granted having regard that the applicant is an expectant mother.
"By virtue of current judicial attitude as expressed in the communiqué issued at the last Nigerian Judges Conference, bail ought to be granted liberally too", the solicitors submitted.
 In an affidavit in support of summons sworn to by Victor Edem, a litigation officer in the defendant's solicitor's chambers, Amaechina, Obodo & Co., he said Uchenna had been in the custody of the police since March 10, 2009 until she was arraigned on March 13 and granted bail. The bail conditions include two sureties, one must have landed property in Lagos State and the other a grade level 15 officer
He said: "the applicant further informed me and I verily believe her as follows: that she is seven months pregnant and as a result, requires serious medical attention for the sake of her life and that of her unborn child.
"That she had tried three times to fulfill bail conditions granted her and on each occasion, the trial Magistrate has refused to approve sureties brought by her, including her very close relations and even the person that trained her in school.
"That the police had verified these sureties and found them genuine.
"That as a result of the above, she has remained in custody to the detriment of her health and that of her unborn child.
"That she is innocent of the allegation against her and she is ready to face trial and will not run away if released on bail.
"That her husband was also arrested and detained in connection with same offence and has also been in detention, leaving their only child of about one year at the mercy of other persons to care for ", said the litigant.
The SFU had in its charge against Uchenna said, "That you, Uchenna Abazu (f) between the month of June, 2007 and February, 2009, at Lagos, in the Lagos Magistrerial District, being a staff of Fidelity Bank Plc, Lagos, entrusted with e-transact account operations, did fraudulently convert and stole the sum of N130million property of Fidelity Bank Plc and you thereby committed an offence contrary to section 383 and punishable under section 390 (6) of the Criminal Code Cap C17 Vol ii Laws of Lagos State of Nigeria, 2003".
The fraud unit then declared her husband wanted for conspiracy and converting the said sum to his personal use, and was arrested a month after, arraigned and remanded in prison.