Justice Olusola Williams of a Special Offences Court sitting in
Ikeja, Lagos, has revoked the bail granted to banker, Chester
Onyeamachi Ukandu, who is standing trial on a three-count charge
bordering on forgery and impersonation.
The judge revoked the bail of Ukandu for breaching the express
conditions of bail granted him and acting in a manner capable of
jeopardising the course of justice in the case.
The Economic and Financial Crimes Commission (EFCC) had
arraigned Ukandu, a former Managing Director of MainStreet Bank
Registrar Limited with one Mr. Achi George, before Justice Williams
on March 19, 2018, over alleged forging Corporate Affairs
Commission (C.A.C.) documents.
According to the charge sheet, they were arraigned among other
counts for conspiracy to forge documents contrary to sections 409
and 363(1) of the criminal law of Lagos State of Nigeria, 2011.
EFCC prosecutor, Mrs. Zainab Ettu, had informed the court that
suspects between February 6 and 7, 2012, conspired among themselves
and forged the letter head paper of Mainstreet Bank Registrars
Limited, with registration number: 613674, claiming that it
emanated from Mainstreet Bank’s Registrars Limited.
They were also accused of forging a Corporate Affairs Commission
(CAC) Form 2A, claiming that it emanated from CAC.
Ettu informed the court that the two suspects, who had retired
from the company unlawfully, convert the company’s properties and
bank account with Skye Bank for personal use.
The prosecutor also informed the court that the two defendants
were apprehended after investigation was conducted on a petition
written by the Company’s lawyer, Dr. Charles Mekwunye, after which
they were consequently charged before the court.
The defendants pleaded not guilty to the charges and following
their plea, their lawyer, Samuel Agu, informed the court that he
had filed bail applications, and urged the court to grant his
clients bail in the most liberal terms.
They were subsequently granted bail and as well remanded in
prison custody pending the perfection of their bail conditions.
One of the conditions for bail granted by Justice Williams was a
strict warning to the defendants that until the final determination
of the suit or any other suits in the Federal High Court,
pertaining to the ownership of the Mainstreet Bank Registrars
Limited, the defendants should desist from holding themselves out
as officers of the company and other correspondence in that
regard.
However, the EFCC by a motion on Notice dated January 15, 2019,
complained to the court that the 1st defendant, Ukandu has breached
some of the bail conditions by acting in a manner capable of
jeopardising the course of justice in the case.
A.B.C Ozioko, the EFCC prosecutor, while praying the court to
revoke the Ukandu’s bail told the court that instead of being sober
and face the charge of forgery against him, the 1st defendant
continue to engage in chest-beating braggado contrary to his bail
conditions.
According to EFCC prosecutor, the 1st defendant continued to
write numerous petitions against the prosecution star witness in
the matter, seeking to intimidate, harass and embarrass the
witness.
Ukandu was also accused of writing a petition to the Nigerian
Bar Association (NBA) against a lawyer, who is also a witness in
his matter after he was granted bail.
EFCC said Ukandu has taken active steps to interfere with the
successful prosecution of the case against him since he was granted
bail and urged the court to revoke his bail.
However, in his response, the 1st defendant denied all the EFCC
allegations against him.
Ukandu said in full compliance of the bail conditions, he has
refrained from addressing himself as a Director or the Chairman of
Mainstreet Bank Registrars Ltd, and has not authored any letter or
petition with the same title since he was granted bail.
The defendant also denied ever written any petition against any
officer of the EFCC since the court granted him bail on April 12,
2018.
Ukandu contended that the bail conditions ordered by the court
never preclude him as a citizen of Nigeria from notifying the NBA
of a misconduct and outright disregard of the rules of profession
conduct by its member particularly where the making of a false
statement or perjury is concerned.
He explained that the petition he wrote to the NBA against a
lawyer and a witness in the case was written in his personal
capacity as a Nigerian, complaining about a professional misconduct
in line with the tenets of the Legal Practitioners’ Disciplinary
Committee who is authorised to receive such complaints.
Ruling on the application last Wednesday, Justice Williams held
that once the court grants a bail to an accused person; it ought
not in law revoke such bail, unless there is evidence of some
changed circumstances placed before it.
According to the judge, unfortunately for the 1st defendant,
there was ample evidence of changed circumstances, adding that the
defendant has been restless.
The judge held that it appears that the defendant would rather
take matters into his own hands instead of leaving the court to
determine the suit expeditiously.
“I am persuaded that he should be placed in custody so that she
does not continue to muddy the waters and disturb the progress of
this case. Accordingly, the bail granted to the 1st defendant is
hereby revoked”, Justice Williams ruled.
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