In a significant development, Justice O.O. Abike-Fadipe of the Special Offences Court in Ikeja, Lagos, has nullified the bail previously granted to Ericbona Ushie, a well-known businessman and politician facing allegations of a N35 million fraud.

The court has slated the next hearing for June 20, 2024, providing an opportunity for the defense to contest video evidence presented by the Economic and Financial Crimes Commission (EFCC).

The footage suggests that Ushie, originally from Cross River State, was not in the custody of the Nigerian Correctional Service as expected.

The EFCC had formally charged Ushie on February 12, 2024, with a total of 13 offenses, including stealing, obtaining under false pretenses, use of false documents, forgery, and possession of fraudulent documents, amounting to N35,397,000.

One of the counts reads: “Ericbona Eliom Ushie, sometime in 2023, in Lagos, within the jurisdiction of this Honourable Court, dishonestly converted the total sum of N35,397,000.00, property of Calibration and Non-destructive Services Limited for your own use.”

Another count reads: “Ericbona Eliom Ushie, sometime in 2023 in Lagos within the jurisdiction of this Honourable Court with intent to defraud the aggregate sum of N35,397,000.00 property of Calibration and Non-destructive Services Limited under the pretense that the said sum was for the purpose of securing an award of contract from Niger Delta Development Commission, NDDC.”

Pleading “not guilty” to the charges, Ericbona Ushie initiated his defense.

Subsequently, Bilikisu Buhari, representing the EFCC, informed the court about the prosecution’s plan to present 13 witnesses in support of their case.

In response, the defense counsel, C.C. Orji, apprised the court of the defendant’s bail application.

C.C. Orji stated, “We have also served the same on the prosecution.”

In response, Bilikisu Buhari conveyed that the prosecution opposed the bail and had submitted a counter-affidavit.

Orji urged the court to grant bail to the defendant, highlighting that Ushie had been in EFCC custody since December 2, 2023.

Emphasizing the presumption of innocence until proven guilty, Orji made a case for the defendant’s right to bail.

He said “He is presumed innocent until proven guilty.”

Orji continued to assert that Ushie posed no flight risk and appealed to the court for self-recognition.

However, the prosecution countered, citing a court order as the basis for his detention in EFCC custody and pointing out additional pending cases with various courts.

Justice Abike-Fadipe, rejecting release to the defense counsel, ordered Ushie’s remand in prison custody.

The court scheduled the next hearing and ruling on the bail application for February 22, 2024.

In the verdict on the bail application, Justice Abike-Fadipe approved bail for Ericbona Ushie, setting the sum at N35 million.

The conditions included two sureties of equal value, required to reside and possess property within Lagos, along with proof of tax payment for the last three years.

While granting bail, the court also directed Ushie to be remanded in prison custody until the fulfillment of the specified bail conditions.

On February 26, 2024, Bilikisu Buhari alerted the court to a viral video circulating on social media.

The video depicted the defendant, Ericbona Ushie, comfortably posing in his Lekki residence in Lagos State, claiming he was never arrested, detained, or sent to prison by any court.

In the video, presented in open court, Ushie, who was supposed to be in prison custody, sat at his dining table with a plate of jollof rice, a bottle of water, and a pack of juice, boldly asserting, “I wasn’t arrested.”

Boasting further, Ushie retorted: “It baffles me, the energy [some people] use to try to destroy…It is disheartening… I am sitting in the comfort of my house… Today is the 18th February [2024] Sunday, the day before yesterday was 16th… I don’t know, one element of no commercial value posted something on Facebook; anybody can sponsor any post… and then, they go ahead to say that me, Ericbona Eliom Ushie, Honourable, [that] I am in prison… e be like say Nigeria Prisons dem don dey get prison wey dey [fine] like this [my beautiful house] o.”

Justice Abike-Fadipe, taken aback by the video, revoked the previously granted bail to the defendant.

The court issued a new order, mandating Ushie to stay in prison custody until June 20, 2024, the scheduled date for the defense to counter the contents of the aforementioned video.