On Thursday, the Federal High Court (FHC) in Abuja in its verdict directed Mr. George Kadiri, a surety, to surrender his ₦100 million bail bond to the Federal Government owing to his failure to present James Nolan, a British national who absconded from court.
Justice Obiora Egwuatu further decreed the remand of Mr. Kadiri, an Igala chief, in prison custody until the payment of the ₦100 million, despite his absence in court.
In a development reported by the News Agency of Nigeria (NAN), Justice Ahmed Mohammed of the Federal High Court (FHC) in Abuja withdrew the ₦100 million bail given to James Nolan, a director in Process and Industrial Development Limited (P&ID), on September 28, 2022, due to his failure to comply with bail terms.
In relation to a separate charge, Judge Mohammed issued a bench warrant for the arrest of Nolan, mandating security agencies, including Interpol, to locate and apprehend him anywhere he is found, whether within or outside Nigeria and bring him before the court to stand trial.
Moreover, the judge required the surety, Mr. Kadiri, to appear in court and demonstrate cause as to why his bail bond should not be forfeited.
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In the interim, when the case brought by the Economic and Financial Crimes Commission (EFCC) against Micad Project City Services Ltd and Mr. Nolan (1st and 2nd defendants) was called for ruling on Thursday by Justice Egwuatu, Kadiri was not in attendance.
In defense of the surety, Lisa Egwu, the lawyer, provided a medical certificate, stating that Kadiri had been involved in a bathroom accident a week earlier and was presently incapacitated, making it impossible for him to attend the court proceedings.
When delivering the judgment, Justice Egwuatu agreed with the prosecution’s submission, stating that there was no doubt regarding Nolan’s breach of bail and his current whereabouts in Ireland.
Justice Egwuatu established that the surety and the defense team had been cognizant of the fact that the 2nd defendant (Nolan) had absconded from bail on September 27, 2022.
Justice Egwuatu concurred with the anti-graft agency’s claim that the surety had not exerted significant efforts to secure the presence of the absconding Briton in court, nor had he provided any indication of his intended future actions to ensure his appearance.
The judge also agreed with the prosecution’s contention that it appeared Kadiri had no familiarity with Nolan, leading to the likelihood that the suretyship arrangement was primarily a business transaction.
The judge, who held that it was the responsibility of the surety to produce the defendant in court, said this was even when a bail relationship is a transaction between the surety and the court.
Hence, he clarified that the responsibility for producing Nolan in court did not lie with either the police or the EFCC.
He ordered an adjournment of the matter, with the substantive trial to commence on October 24.
NAN also reports that Justice Egwuatu had asked Kadiri, who is also a retired civil servant living in Gwagwalada, Abuja, to give reasons why his ₦100m bail bond should not be forfeited to the Federal Government, following his failure to produce the second defendant in court.
The P&ID scam trial, which centers around the massive sum of 9.6 billion dollars, prominently featured Nolan as a key individual in the proceedings.
Currently undergoing trial on charges of money laundering, Nolan, who holds a director position at Goidel Resources Limited, a Designated Non-Financial Institution, and his co-accused ICIL Limited, are facing 16 counts before Justice Mohammed, with the alleged sum involved totaling to $9.6 billion.
Bala Sanga, the prosecuting counsel, voiced his concern regarding the defense counsel’s deliberate attempts to delay the trial, emphasizing that the court had been exceedingly patient with the defense for over six months.
In view of this, he implored the court to dismiss the defense’s request for additional time to present the defendant and instead, authorize the forfeiture of the ₦100 million bail bond to the government.
‘My lord, it is very clear that the defence cannot produce the second defendant,’ Sanga complained.
‘Enough time has been given; asking the court for more time amounts to taking the court for granted. The same story was told in September and today, the story has not changed,’ he said.
In spite of this, the defense counsel, Mr. Michael Ajara, sought a brief adjournment from the court, emphasising the need for the surety to have the chance to submit a written application and present their arguments, detailing all relevant aspects of the case, before any ruling is made.