A Federal High Court in Abuja has revoked the N100 million bail granted to a British national and director in the controversial firm, Process and Industrial Development Limited (P&ID) – James Nolan.
Justice Ahmed Mohammed revoked the bail and issued a bench warrant for his arrest after he failed to attend court on Wednesday at the resumed hearing in a criminal case pending against him and a firm, Lurgi Consult Limited.
The Economic and Financial Crimes Commission (EFCC) on August 18, 2020 arraigned Nolan and Lurgi before the court on a charge marked: FHC/ABJ/CR/143/2020 in which they are among others accused of engaging in fraudulent conduct.
At the mention of the case on Wednesday, prosecuting lawyer, Bala Sanga noted that while the first prosecution witness, Tope Erinomo in court, the second defendant, Nolan was absent.
Sanga said: “However, we were informed that the defendant has jumped bail while the 1st defendant has never been represented in court as a corporate body.”
He accused the defence of working to frustrate the prompt hearing of the case after Nolan was granted bail.
“My lord, he is not in court today. The substantive 9.6 billion dollars suit will be starting in London soon,” Sanga said.
Sanga noted that the prosecution has since found that the property used by the defence did not worth N100m.
He added that although the surety claimed that Nolan was a family friend in the affidavit of means he deposed to, he later revealed that he did not know the Briton but was only offered N1million to stand as his surety.
Sanga then prayed the court to revoke Nolan’s bail and order his arrest.
However Nolan’s lawyer Michael Ajara faulted Sanga’s submissions and prayed the court to grant the defence sometime to ascertain Nolan’s whereabouts.
Ajara said although his client had consistently attended court before now, his “mysterious disappearance” has kept the legal team wondering what could have happened to him.
“The last time we saw him was on 21st of June before your learner brother,” he said
Ajara said Nolan told his principal that he had been suffering from a disease called Bipolar disorder and that he would be going to a Lagos hospital for a medical attention.
He said since then, his client’s phone number had been unreachable.
“We went to the prosecution and the police. We have been doing something. My principal even went to London as part of the efforts to know his whereabouts,” he said.
Ajara noted that a similar incident played out the previous day when he was absent in another case, but that the judge, Justice Obiora Egwuatu granted the defence time to ascertain Nolan’s whereabouts.
When asked by the judge where Nolan was, his surety, George Kadiri, a retired civil servant living in Gwagwalada, Abuja, denied knowledge of the defendant’s whereabouts.
Ruling, Justice Mohammed said he was not bound by the decision of the other court.
He noted that there was no evidence to justify the disappearance of the defendant.
The judge said the law is that if a defendant is not in court and no reasonable explanation is given for his/her absence, the court has the discretionary power to issue a bench warrant.
He ordered the surety, George Kadiri, appear in court on the next adjourned date to show cause why his bail bond should not be forfeited.
The judge then adjourned till November 3 for continuation of trial.