Despite being convicted and sentenced to three years in prison for electoral fraud, Professor Peter Ogban, a former returning officer in the 2019 senatorial election in Akwa Ibom State, is currently not serving his full jail term.
Ogban, a professor of soil science at the University of Calabar, was found guilty by a State High Court in Uyo on March 25, 2021, for announcing falsified results favoring then-Senate candidate and current Senate President Godswill Akpabio. The court sentenced him to three years in prison on the same day.
The Court of Appeal in Calabar upheld the conviction and sentence on April 30, 2025, affirming that Ogban’s actions violated electoral laws. However, an investigation by PREMIUM TIMES reveals that Ogban is not in custody.
Bail Granted on Health Grounds
Ogban was initially remanded at the Ikot Ekpene Correctional Facility following his 2021 conviction but was granted bail on July 12, 2021, by Justice Pius Idiong of the State High Court in Ikot Ekpene, pending his appeal. This decision came despite opposition from the Independent National Electoral Commission (INEC), which prosecuted him.
Court documents indicate that Ogban’s legal team, led by Senior Advocate of Nigeria Kanu Agabi, argued that he suffered from high blood pressure and tuberculosis, and could face injustice if the appellate court later reduced his sentence or overturned the conviction. Justice Idiong concurred, granting Ogban a temporary reprieve.
“The court agrees… that it is a possibility that the appeal may be allowed and the applicant discharged and acquitted,” the ruling stated. “Although the applicant’s so-called health conditions… cannot constitute such an exceptional circumstance, he has nonetheless made out a case to warrant being granted a temporary reprieve.”
Absence During Appeal Court Ruling Raises Concerns
Despite the Court of Appeal’s decision affirming the original sentence, Ogban was absent during the April 30 judgment, which was delivered virtually. Legal experts argue that the Nigerian Correctional Service (NCoS) should have ensured his presence and returned him to custody.
A lawyer familiar with the case told PREMIUM TIMES, “The officials of the Nigerian prisons ought to have made sure Prof. Ogban was present… and they should have taken him straight to Ikot Ekpene prisons immediately after the judgment.”
A staff member of the law firm representing Ogban confirmed he should be in custody but could not provide information on his whereabouts. “I don’t know his exact location at the moment,” the lawyer said.
Correctional Service Remains Silent on Ogban’s Status
Richard Metong, spokesperson for the Nigeria Correctional Service in Akwa Ibom, told PREMIUM TIMES he was unsure whether Ogban was in any correctional facility in the state and requested time to verify. As of the time of this report, Metong had not responded to follow-up inquiries.
Despite the Court of Appeal ruling, Ogban’s legal team has filed a notice of appeal to the Supreme Court, seeking to overturn the conviction and sentence.
According to legal precedent, a convict awaiting appeal is typically remanded in custody unless specifically ordered otherwise by a competent court. The fact that Ogban remains out of prison months after the appeal court upheld his conviction has raised questions about selective enforcement of justice, particularly given his connections to influential political figures.
Godswill Akpabio, in whose favor the rigged election results were declared, is a key figure in the ruling All Progressives Congress (APC) and a close ally of President Bola Tinubu.
Another Professor Convicted for Election Fraud Also Granted Bail
In a related case, another professor, Ignatius Uduk, was recently sentenced to three years in prison by a State High Court in Uyo for election fraud.
Uduk, a professor of Human Kinetics at the University of Uyo, was convicted on three charges: announcing false election results, publishing false results, and perjury during the 2019 general elections in Essien Udim State Constituency, where he served as INEC’s collation and returning officer.
He falsified the election results to benefit the APC candidate, Nse Ntuen, who was then an ally of Akpabio. However, Uduk was recently granted bail by a State High Court in Uyo.
