Despite being convicted and sentenced to three years in prison for rigging the 2019 senatorial election in favor of Senate President Godswill Akpabio, disgraced professor Peter Ogban is reportedly not serving his jail term.
PREMIUM TIMES reports that many believe Mr. Ogban has served or is currently serving his sentence. Mr. Akpabio, a member of the ruling APC and an ally of President Bola Tinubu, was the beneficiary of the rigged election.
The Court of Appeal in Calabar upheld Mr. Ogban’s conviction and three-year sentence on April 30. Mr. Ogban, a professor at the University of Calabar and a returning officer, was initially found guilty by a State High Court in Uyo on March 25, 2021, for announcing false election results in two local government areas to favor Mr. Akpabio. He was then taken to a federal prison in Ikot Ekpene.
However, Mr. Ogban spent only about four months in prison.
Another judge, Pius Idiong of the State High Court, Ikot Ekpene, granted him bail on July 12, 2021, despite opposition from INEC, the prosecuting body.
This bail was granted while Mr. Ogban pursued his appeal against the conviction.
A lawyer familiar with the case told PREMIUM TIMES that Mr. Ogban was not present in court when the Court of Appeal delivered its judgment upholding his conviction.
The lawyer suggested that prison officials should have ensured his presence and returned him to prison immediately after the judgment.
A lawyer from Kanu G. Agabi & Associates, Mr. Ogban’s legal representation, acknowledged that the professor should be in jail but claimed not to know his current location.
The spokesperson for the Nigeria Correctional Service in Akwa Ibom also stated he was unsure if Mr. Ogban was in any of the state’s prison facilities and did not provide further information.
During the bail application hearing, Mr. Ogban’s lawyer, Kanu Agabi, argued that his client suffered from high blood pressure and tuberculosis, pleading for bail due to his ill health while he prepared to appeal his conviction.
He argued that Mr. Ogban could face injustice if his appeal was successful but he remained imprisoned. Judge Idiong upheld this argument in granting bail.
According to court documents, INEC’s lawyer argued that Mr. Ogban’s claimed illness did not constitute the exceptional circumstances required for bail after conviction, which typically involve conditions untreatable within prison facilities.
Judge Idiong, in his ruling, acknowledged the possibility of the appeal being successful or the sentence being reduced, stating that Mr. Ogban had presented a case warranting temporary reprieve, even if his health conditions didn’t strictly qualify as exceptional circumstances.
According to PREMIUM TIMES, Mr. Ogban’s legal team, led by Mr. Agabi, is now planning to appeal the Court of Appeal’s decision at the Supreme Court.
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