A Federal High Court in Kogi State has granted bail to a former chairman of Adavi Local Government Council, Enesi Jimoh, whom it had earlier convicted and sentenced to six months imprisonment without an option of fine, for criminal misappropriation of public fund.
The presiding judge, Justice I. E Ekwo, had on November 13, 2013 found Jimoh guilty of converting N7 million belonging to the council to personal use.
However, upon his conviction, the former council boss, through his counsel Olu Agunbiade, filed an appeal seeking a review of his conviction before the trial judge.
Agunbiade wrote to the prison authorities in Koton-Karfe demanding the health status of the accused person following which the prison authorities took Jimoh to a specialist hospital where he was allegedly diagnosed of lung cancer.
The defence lawyer presented to the court a letter from the prison authorities, stating that the hospital did not have facilities to treat lung cancer and therefore prayed the court to grant his client bail on health grounds
Counsel to EFCC, Wahab Shittu, strongly opposed the application on the grounds that it would amount to aiding a convict dodge serving a sentence.
Wahab also told the court that the presumption of innocence was no longer available to the convict having been convicted and sentenced.
Shittu assured that the state will give adequate medical attention to the convict even if it means sending him abroad for treatment.
However, in a controversial ruling, Justice Ekwo granted the convict bail in the sum of N15million and one surety in like sum.
The EFCC , a source in the commission has said, will appeal the court ruling.