A Federal High Court in Abuja on Friday granted bail to two Germans, Messrs. Florian Orpitz (35) and Andy Lehmann (26) standing trial for alleged espionage.
The two Germans are standing trial along with American/Nigerian, Judith Asuni, (60), and Danjuma Saidu. Justice Binta Murtala-Nyako, however, ruled that Asuni and Saidu would remain in custody.
All the accused had pleaded not guilty to the charges of alleged conspiracy and spying in a manner detrimental to the security of the nation. In a seven-count charge, the accused persons were alleged to have conspired to commit felony and entered the vicinity of protected places in Lagos, Warri, and Port Harcourt for a purpose prejudicial to the security of the country.
They were also charged with taking photographs of things situated in the protected places, contrary to the Official Secrets Act. Specifically, they were alleged to have taken photographs and videos of pipelines, refineries, petroleum installations, ships and other things situated in the protected places. Asuni and Saidu were alleged to have aided the Germans to make a false declaration to the Nigerian embassy in Germany for the purpose of obtaining visas to Nigeria.
The Germans were said to have falsely presented themselves as academic researchers whereas they are film makers. Murtala-Nyako granted the Germans bail on the condition that each would provide two sureties who must be senior ranking officers of the German Embassy and do not enjoy diplomatic immunity.
The Federal Director of Public Prosecution, Mr. Salihu Aliyu, did not oppose the application for bail. He said, �We will not be opposing the application for bail of the second and the third accused persons so far as the German embassy will be standing as their surety.� The judge, however, drew Aliyu�s attention to the fact that the German embassy is not a Nigerian territory, adding, �The embassy is a protected area. We must be satisfied with the status of the officers that will guarantee their bail.�
Counsel to the Germans, Mr. Mohammed Adoke, SAN, pledged that the accused persons would always be present in court. But Aliyu opposed the bail applications for Asuni and Saidu on the grounds that he had not yet read the applications.
He said, �Shortly after we were served with the bail application, we came in contact with very sensitive information and documents relating to the first and fourth accused. We want to file further and better affidavit. Besides, we are entitled to 48 hours to file our reply, which has not lapsed.� Aliyu further disclosed that the sensitive materials dealt with issues of security and that it might be necessary to file additional charges against the duo.
But counsel to Asuni and Saidu, Prof. Yemi Osinbajo, SAN, opposed the DPP�s position, saying, �An accused person cannot be held in custody while the state is gathering information to back up his charges.�
Murtala-Nyako ordered that the accused persons be remanded in the custody of the State Security Service and be granted access to their lawyers and members of their immediate family and adjourned the case to Monday.
Oct62007