A Federal High Court in Lagos will today hear the bail application filed by the Managing Director of Capital Oil and Gas Ltd, Dr. Patrick Ifeanyi Uba and four others who are currently being detained by the police on the order of Tinubu Magistrates’ Court over alleged oil subsidy fraud.
Wednesday’s hearing date was fixed by the presiding judge, Justice Okon Abang to allow the respondents file necessary papers in response to the application.
During tuesday’s proceedings, counsel to the applicants, Dr. Joseph Nwobike (SAN) informed the court that hearing notice as well as the ex-parte motion as converted has been served on the respondents.
Counsel to the respondents, Aderemi Adekile, while acknowledging the receipt of the processes expressed the inability of his clients to meet up with the 12.pm deadline given them to file in their papers.
He accused the applicants of concealing material facts while filing the application thereby misleading the court.
According to him, the applicants has hidden from the court the existence of an order of a court of competent jurisdiction pursuant to which they were remanded.
He also alleged that the applicants also concealed the existence of another pending application for bail filed before the magistrate court on October 12, 2012.
He then sought for an adjournment to enable the respondents put in their papers.
In his response, counsel to the applicants, Dr. Joseph Nwobike (SAN), urged the court to refuse the application for adjournment, saying that it is unmeritorious and unjustified.
According to him, if the court grant the adjournment, then the illegal detention of the applicants have received judicial certification.
In a bench ruling over the issue, Justice Abang faulted the respondents for not abiding by the court’s ultimatum to file in their response to the application.
According to him, the court is bound by the order made on October 15, 2012 and should do nothing to render it nugatory.
“Therefore, the respondents having failed to come up with their response as scheduled, I think the court should proceed with the hearing of the application,” the judge said.
The application for adjournment was also reluctantly granted on the face of the allegation of concealment of facts by the applicants and to allow the respondents file the neccesary papers.
Hearing of the application is to hold by 1pm wednesday.