The Chief Executive Officer of Capital Oil and Gas Industries Limited, Ifeanyi Uba, who has been in police custody for over two weeks, on Monday regained his freedom.
Mr Uba was arrested by the Nigerian security operatives for his alleged role in oil subsidy theft.
The bail conditions require the Capital oil’s boss to report daily at the Police Special Fraud Unit, Ikoyi.
Court rejects bail request
A Federal High Court Lagos on Monday struck out a bail application filed on the behalf of Chief Executive Officer of Capital Oil and Gas, Ifeanyi Uba, and four others charged with alleged fuel subsidy fraud.
Justice Okon Abang in his ruling described the application as incompetent, defective and incurable by amendment.
Justice Abang also said that counsel to the applicant, Joseph Nwobike had failed to inform the court that the applicants were detained on a subsisting order of remand made by Magistrate Martins Owumi.
He said that this fact was not deposed to by the applicant counsel in their affidavit of urgency before the court; neither did they inform the court that they had a pending bail application before the same magistrates’ court.
“I have gone through the affidavit filed by the applicant counsel, and I find no place where it is stated that there was a subsisting order for remand by the magistrate court.
“I cannot possibly comprehend why the learned SAN (Senior Advocate of Nigeria) has chosen to hide this fact from the court.” He said
He said though the applicants could bring an application for bail before the court, they could not do so under the Fundamental Human Rights Enforcement Procedure Rules.
“Where bail is refused an applicant at the magistrates’ court, he has the right to bring his application before a higher court, but he has to do so within the confines of the law.
“I cannot make findings on the bail application of the applicants, brought pursuant to the Fundamental Human Rights Enforcement Procedure Rules.
“The applicants cannot use this rule to challenge a subsisting order of court. Whether the magistrate had or exceeded its jurisdiction is entirely a different issue.
“The learned SAN should have employed either of three mode in bringing his bail application before this court;
“The applicant could have appealed against the order for remand made by the magistrate, before the High court, pending the arraignment of the applicants, or, apply for an order of Cetorarai, to purge that order, pending their arraignment, or, apply to the high court for a fresh summons for bail pursuant to Section 118 of the Criminal Procedure Act (CPA).
“I cannot consider counsel’s application for the applicants to be released on bail under the fundamental rights enforcement procedure; this relief cannot be sought under that law.
“This is not a sentimental or emotional issue; it is an issue of law, because there already exist a subsisting order of court.
“The police possess the constitutional right to arrest any person accused of committing an offence, even if it is based on suspicion.
“In the final analysis, the preliminary objection of the respondent subsists in part and the application of the applicants struck out, with no order as to cost. I so hold” Justice Abang ruled.

Mr Nwobike in his remark informed the court that the applicants had already been admitted to administrative police bail on Friday Oct. 19 by the SFU.
Ifeanyi uba, Nsika Usoro, Godfrey Okorie, Chibuzor Ogbuokiri, and Joseph Orji, were ordered to be remanded on 11 October by Magistrate Martins Owumi of a Tinubu Magistrates’ court, for 14 days at the special fraud unit (SFU).
The order for remand was made based on an application for remand signed by Superintendent of Police of the SFU, Effiong Asuquo, against the five suspects over an alleged fuel subsidy fraud.
Mr Asuquo had stated that the suspects were reasonably suspected to have committed the offences of economic sabotage, obtaining money by false pretence, stealing of N43.291 billion, property of the Federal Republic of Nigeria, money laundering and forgery.
He had further alleged that the fraud was discovered by the Presidential Committee on the Verification and Reconciliation of Fuel Subsidy Payments Auditors, and reported to the SFU, Ikoyi
Mr Nwobike had filed an exparte bail application before the court under the fundamental human right enforcement procedure rules, seeking an order for release of the applicants on bail.
This exparte motion was however converted by the judge to a motion on notice, and time abridged in favour of the respondents to respond.