Peter Ogban, a professor of soil science at the University of Calabar and a returning officer in the 2019 general elections in Akwa Ibom North-West District, who was convicted and sentenced to three years in prison for electoral fraud has yet to serve his full jail term.
TheNewsGuru recalls that Ogban, was found guilty by a State High Court in Uyo on March 25, 2021, for announcing fake election results in two local government areas – Oruk Anam and Etim Ekpo – in favour of then-Senate candidate and current Senate President, Godswill Akpabio. The court sentenced him to three years in prison the same day.
Recently, the Court of Appeal in Calabar upheld the conviction and sentence affirming that Ogban’s actions violated electoral laws. However, a recent investigation reveals that Ogban is currently not in custody.
Short Stay in Prison, Bail on Health Grounds
According to reports, following his 2021 conviction, Ogban was initially remanded at the Ikot Ekpene Correctional Facility but was granted bail on July 12, 2021, by Justice Pius Idiong of the State High Court in Ikot Ekpene on health grounds despite opposition from the Independent National Electoral Commission (INEC), which prosecuted him.
Documents retrieved from the court showed that Ogban’s legal team, led by Senior Advocate of Nigeria, Kanu Agabi, argued that he suffered from high blood pressure and tuberculosis, and might suffer injustice if the appellate court later reduced his sentence or overturned the conviction. Justice Idiong agreed, granting the professor a temporary reprieve.
“The court agrees… that it is a possibility that the appeal may be allowed and the applicant discharged and acquitted,” the ruling stated. “Although the applicant’s so-called health conditions… cannot constitute such an exceptional circumstance, he has nonetheless made out a case to warrant being granted a temporary reprieve.”
Appeal Court Upholds Conviction, Ogban Missing
Despite the recent ruling of the Court of Appeal affirming the original sentence, the professor was not present at the April 30 judgment, which was delivered virtually. Legal experts say the Nigerian Correctional Service (NCoS) should have ensured his presence and returned him to custody.
A lawyer familiar with the case disclosed that “The officials of the Nigerian prisons ought to have made sure Prof Ogban was present… and they should have taken him straight to Ikot Ekpene prisons immediately after the judgement.”
A staff member of the law firm representing Ogban confirmed he should be in custody but could not confirm his whereabouts. “I don’t know his exact location at the moment,” the lawyer said.
Correctional Service Silent on Ogban’s Whereabouts
Also, the spokesperson for the Nigeria Correctional Service in Akwa Ibom, Richard Metong revealed that he was unsure whether Ogban was in any correctional facility in the state and requested time to verify.
As of the time of filing this report, Metong had not responded to follow-up calls.
Despite the Court of Appeal ruling, Ogban’s legal team has filed a notice of appeal to the Supreme Court, seeking to overturn the conviction and sentence.