The Federal High Court sitting in Abuja yesterday granted the American-Nigerian, Judith Asuni and Danjuma Saidu standing trial for alleged espionage bail but with a condition that none of them should move near the Niger-Delta region during the pendency of the charge before the court.
The accused persons were said to be residing in the region and that particular condition was criticised by some lawyers as a breach of the freedom of movement. Justice Binta Murtala-Nyako, after reviewing the submission of counsel to the accused, Professor Yemi Osibajo (SAN) and the Director of Public Prosecution, Aliyu Salihu listed out other conditions to be met before the accused could be finally allowed to enjoy their restricted freedom.
She said that the offence for which they were charged are serious and borders on Nigeria security, but maintained that the fact that no proof of evidence was attached to the charge did not help the prosecution.
“I therefore exercise my discretion in favour of the accused persons by granting them bail,” She granted them bail in the sum of N10 million each and two sureties each in like sum who should depose to affidavit of means.
The sureties, the court ordered, should have landed properties in Abuja and the re-certified Certificate of Occupancy of the property should be submitted to the court registry.The sureties were also to submit to the court registry, evidence of payment of their tax in the past three years.The accused were barred from travelling any where outside the jurisdiction of the court while the US Embassy was specifically ordered not to grant visa to Asuni.They were ordered to depose to an affidavit of oath admitting to all the countries where they have citizenship, while their travelling documents were to be submitted to the court.The accused, arrested by Nigerian security operatives in the Niger Delta, were also directed to report to the SSS forthnightly.Asuni was specifically ordered to submit to the court registry, letter of undertaking to be signed by a member of her family, particularly her child that she would abide by the conditions of the bail.Speaking shortly after the ruling, the Director of Public Prosecution, Mr Salihu Aliyu said that government was satisfied with the decision of the court.Counsel to the accused persons, Prof. Yemi Osinbajo (SAN) said that he was happy that his clients were granted bail.”We will try to meet all the conditions, although they were stringent, but if we could not, we will apply to the court for variation.” It will be recalled that their German co-accused Florian Orpitz (35) and Andy Lehmann (26) had been granted bail by the court.The four accused persons were charged by the federal government for alleged conspiracy and spying of military and sensitive information relating to the security of the nation.They had pleaded not guilty to the seven-count charge against them.In the charge, they were alleged to have conspired to commit felony and entered the vicinity of protected places at Lagos, Warri and Port-Harcourt for a purpose prejudicial to the security of the country.They were also alleged to have taken photographs of things situated in the protected places contrary to the Official Secrets Act.Specifically, they were alleged to have taken photographs and video shots 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 false declaration to the Nigerian embassy inGermany for the purpose of obtaining visa in to Nigeria.The Germans were said to have falsely presented themselves as academic researchers whereas they were film makers.A letter of invitation for Opitz by Heinrich Boll Foundation,Lagos, dated Aug. 15 and directed to the Nigerian Embassy, Germany was attached to the charge.In the letter, Orpitz was said to be an independent film maker from Germany billed to visit different parts of Nigeria”to see whether he could at a later stage, produce a film onNigeria.” The two Germans arrived in Nigeria on September 8, and allegedly made no contact with the German embassy either in Lagos or Abuja, but were escorted and guided by officials of the Academic Associates Peace Work to meet with Asuni, their host.The itinerary prepared for the Germans showed that they were to be guided by the AAPW officials to oil and gas production areas in the Niger Delta region.Security agents seized tapes from the accused and said the content were designed to embarrass Nigeria and rupture its national interest.