XL 106.9 FM UYO JOURNALIST YET TO BE RELEASED AFTER MEETING BAIL CONDITION------INIBEHE EFFIONG LEAD COUNSEL
Mr Kufre a Journalist and a presenter with XL 106.9 FM UYO was arrested by the state security service on 27th April 2020 over a purported private phone conversation he had with an anonymous medical doctor . The allegation from the Akwa Ibom state Government is that he was castigating the Akwa Ibom state commissioner for Health Dr Dominic Ukpong over his poor handling of the COVID 19 pandemic in the state
This allegations was the reason why the Journalist was arraingn before the court on three count charge of defamation with a maximum punishment of three years imprisonment if convicted and counsel to the Journalist have been at the court seeking for the Release of Mr Kufre
But In a press release made available to Abia Tracker by Barr. Inibehe He Stated that they have perfected the bail condition necessary to have Mr Kufre Release but the SSS is insisting that they cannot obey the order of the court except a directive comes from the Akwa Ibom state Government to have him released "we have waited for the state security service in Akwa Ibom state for over 24hours for them to comply with the valid order of the court served them on Friday 22nd May 2020 for the release of our client, since they have refused to obey the court iam impelled to issue this press release"
At first "the trial chief magistrate Winifred M. Umohandy admiited our client to bail on stringent condition which was diffinitly going to be difficult to meet up with , Given the stringency of the bail terms , we immediately applied to the state High court for variation but we were shocked that the state attorney general Barr. Uwemedimo Nwoko opposed the variation ''
According to him , inspite of the opposition from the Akwa Ibom state Government, on Monday 18th may 2020, Hon Justice Archibong Archibong of the state High court Judicially and judiciously granted the request and those stringent bail condition were reviewed to #200,000 to be executed by a surety who should be resident within the jurisdiction of the court and the Journalist was asked to obtain a letter of identification from a prominent person in the state and all this was met on Friday 22nd may 2020 approved, signed and authenticated by the trial chief magistrate Winifred M. Umohandy
The court therefore mandated a police sergeant attached to the court to go to the SSS and secure the release of Mr Kufre, I went with him and the SSS was duly served with the court order made by HIS lordship Jon Justice Archibong Archibong along with documentary evidence duely signed by Chief magistrate Winifred M Umohandy which shows that Mr Kufre has fulfilled his bail condition
"The SSS officials told me that the Attorney general of Akwa Ibom state had written to them and instructed them not to obey the court order because the government is preceding on appeal against the well rulling of the high court varying the stringent bail condition"
But Barr Inibehe While arguing Against the instruction of the state attorney general said "Since our client (the Applicant) has fulfilled his bail conditions as signed and attested to by the trial Chief Magistrate, and the SSS has been duly served with evidence of same along with the Court Order, the SSS has no reason in law to keep our client in their custody. No process filed by the Attorney General can override the Order of the Court.The SSS is not empowered by law to subject the valid and subsisting Order of the court to their own interpretation. The SSS has no power to determine the effect of any motion or appeal filed by the Attorney General. The SSS also has no power to arrest or detain any citizen of Nigeria for a purported case of defamation which is outside it’s statutorily mandate of safeguarding the internal security of Nigeria."
Also according to Barr Inibehe "By insisting that our client will only be released from their custody on the directive of the Governor of Akwa Ibom State, the SSS has flagrantly flouted the Order of Hon. Justice Archibong Archibong which commanded the immediate release of our client upon the perfection of his bail conditions without any further condition(s).Our client will be petitioning the Body of Benchers, the Legal Practitioners Privileges Committee (LPPC) and the Legal Practitioners Disciplinary Committee (LPDC) and other regulatory bodies in the legal profession to sanction Mr Nwoko for his unprecedented unethical conduct which has exposed the Nigerian Judiciary and the legal profession to unparalleled ridicule."
Barr Inibehe call on the Federal Government, the Director-General of the SSS, the National Human Rights Commission, civil society, international community, the media and spirited Nigerians to urgently prevail on the SSS Command in Akwa Ibom State to obey the valid and subsisting Order of the High Court by releasing our client forthwith, and stop subjecting the country to further international ridicule.
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