On 5 August 2015, it was reported that a hearing to consider Emmanuel Okoyomon’s request for bail has been adjourned to 12 August 2015, following an objection raised by counsel for the Attorney General of the Federation of Nigeria. A report is here.
Background
As outlined in a previous blog, on 4 May 2014, the Federal High Court, in Abuja, ordered the extradition of Mr Okoyomon to the United Kingdom, to face bribery allegations, and ordered his remand in prison. Mr Okoyomon appealed the judgment.
On 26 June 2015, the Abuja Court of Appeal granted a stay on the order to extradite Emmanuel Okoyomon, to the United Kingdom. The court rejected his bail application, pending the outcome of his appeal.
August Development
At some point after the 26 June 2015 ruling, Mr Okoyomon, through his counsel, approached the Federal High Court, challenging his remand in custody pending appeal, and made a further application for bail.
It appears that Mr Okoyomon’s grounds for challenging his imprisonment were:
- first, that the period he has spent in custody exceeds the term of imprisonment contemplated by the Federal High Court, when it imposed the order on 4 May 2015; and
- secondly, continued incarceration has adversely affected his health, and the medical facilities at the Medium Security Prison, in Kuje, are inadequate for his health needs.
Counsel for the Attorney General of the Federation objected to the bail application, on the basis that Mr Okoyomon is detained lawfully, pursuant to the discretionary power of the Court of Appeal, a court which the Federal Court is “subordinate to”.
Counsel also rejected the contention that Mr Okoyomon’s health needs could not be treated whilst he was in custody, and raised the possibility of him being transferred to a hospital for treatment, if necessary.
On 5 August 2015, the Federal High Court, adjourned the hearing on the preliminary objection, to 12 August 2015, at the request of Mr Okoyomon’s counsel, who requested time to respond to the issues raised.
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