By Praise Chinecherem
An activist and social commentator, Comrade Boniface Okonkwo has expressed disappointment over the manner his case was being handled by the Judge, Justice Vincent Agbata at the High Court sitting in Nnewi, Anambra State.
Okonkwo who had been in detention since January 3 over alleged defamation of character, was charged with criminal defamation, a misdemeanour that is bailable.
Agbata had during the court sitting on Wednesday, denied the defendant bail, citing risk of jumping bail based on the location of the defendant as reason for bail refusal.
Okonkwo who had indicated interest to make a comment in court shortly after the ruling was also turned down by the Judge who insisted he must speak through his lawyer.
Speaking to reporters outside the court, Okonkwo said he had lost confidence in the Judge proceeding with his case, accusing him of playing a script.
He said, “Wednesday’s ruling is very disappointing. I don’t know how to describe it. When the team of my lawyers raised the issue of my bail which had been pending for ruling, after the last adjourned date,
“I was astonished that the judge continued trial without granting me bail. It appears I’m already in prison before being found guilty. Today, I was thinking I would be granted bail. But surprisingly, he refused me bail.
“I raised my hand so I can express my opinion but he didn’t allow me. So I want to tell him to his face that I no longer have confidence in him to proceed with my trial.
“It’s obvious that even if I’m not found guilty on the alleged defamation of character, this court will convict me. I have no doubt about it. But justice is not only for the state but also to the defendant and the public.
“I’m making it abundantly clear that I have no confidence to continue appearing before this judge. It’s obvious he’s acting a script. I’ll confere with my lawyers for the needful.
“In 2013, the same man alleged that I defamed him. Then, Abuja magistrate court granted me bail, even without demanding for my passport. I didn’t run away.
“So, if I didn’t jump bail in Abuja, with my passport intact, how will run now the matter is in Anambra, my home state? Oraifite is trekable from here. How will I abandon my home, including my aged mother and siblings?
What I’m doing in South Africa is in black and white.
Counsel to Defendant, Okonkwo Sebastian also expressed surprise over the ruling, wondering why his client would be denied bail, especially in view of the fact that the offense he was charged with was not a serious one.
He said, “The first prosecution witness was cross-examined by our legal team and he agreed virtually with us, including that alleged defamatory statement was a defendant’s opinion.
“For example, when he was asked whether the defendant has right to criticize the Vice President for visiting Anambra for the projects commissioning, he answered in the affirmative.
“After the cross examination, the lead counsel to the defendant, Oseloka Osigwe, reminded the court of the bail application before it for the defendant. But the Judge denied granting the bail, saying the refusal was based on the fact that the defendant is based in South Africa.
“But why I’m surprised is that the offense for which the defendant is being charged is not such a serious matter. It’s such that if he’s found guilty, he’s liable to one year imprisonment or two, or even a fine depending on the evidence before the court.
“When the Judge said there’s a flight risk, one becomes surprised as to what he meant. Does it mean that anyone resident outside Nigeria can’t maintain a case here? There’s no any overt act to show that if he’s granted bail, he’ll run away.
“Even the court itself has the right to ask him to deposit his international passport. But the judge didn’t do that in the circumstance. But he just believed he’ll jump bail if granted.
“Yet the same defendant, in the recent past, had similar case with the same complainant in Abuja magistrate court, but didn’t run away. It was even the complainant that ran away from the court.
“Meanwhile, in our affidavit before the court, we said we have substantial sureties to take the defendant on bail. We equally cited previous matter where the defendant was granted bail and he didn’t run away.
“Anyway, since the judge, in his ruling said he had refused bail but granted accelerated hearing of the case to February 27, as obedient servant, we’ll return to resume the hearing.”
