Despite a three-year prison sentence for electoral fraud upheld by the Court of Appeal in April, former Returning Officer with the Independent National Electoral Commission (INEC), Professor Peter Ogban, remains a free man.
Ogban, a professor at the University of Uyo, was found guilty on March 25, 2021 of manipulating results in favour of APC candidate Godswill Akpabio (now Senate President) during the 2019 Akwa Ibom North-West senatorial election. He falsified vote counts and announced fake results in Essien Udim LGA.
The High Court sentenced him to three years in prison and fined him ₦100,000. This ruling was reaffirmed by the Court of Appeal on April 30, 2025.
However, Ogban is yet to enter prison. Instead, his legal team, led by Senior Advocate of Nigeria Kanu Agabi, has filed a motion for bail and an appeal at the Supreme Court, requesting a suspension of the prison sentence pending a final ruling.
Critics say this is a delay tactic, pointing out that his Supreme Court appeal has not been heard, and therefore, he should be in custody. A source familiar with the case described the legal maneuvering as an attempt to mislead the public.
In his affidavit, Ogban admits to the convictions but insists he hasn’t breached bail conditions and has filed within the 30-day constitutional window for appeal. He argues that his right to a fair trial was violated and that the charges lacked clarity.
Ogban’s appeal challenges the validity of the evidence used, claiming the prosecution failed to provide authentic polling unit results and that key witnesses may have altered the figures. He also criticises the sentencing process, arguing that the court failed to consider a fine as an alternative, despite his clean record and academic standing.
He is now asking the Supreme Court to overturn his conviction or reduce the sentence to a fine.
The case highlights ongoing concerns about the enforcement of anti-corruption and electoral laws in Nigeria, as many question why a convicted electoral offender remains free while the nation grapples with calls for electoral reform.
