Below story is culled from Nigeria Guardian Newspapers Limited

Two suspected spies get bail
From Lemmy Ughegbe, Abuja, Wednesday, October 24, 2007

A FEDERAL High Court in Abuja yesterday granted bail to two suspected spies - Judith Asuni and Danjuma Saidu - who are standing trial for alleged espionage.

But Asuni and Saidu, who were charged alongside two Germans - Florian Orpitz (35) and Andy Lehmann (26), were restrained by the court from going anywhere near the Niger Delta region, where they reside.

Although the trial judge, Justice Binta Murtala-Nyako held that the offences for which the accused were charged were grave, she had to accede to their bail request in view of a lapse of the prosecution counsel in filing his papers.

Her words: "The offences for which they were charged are serious and border on Nigeria security. But 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."

Additionally, Justice Murtala-Nyako stated the bail condition thus: "The accused/applicants are hereby granted bail in the sum of N10 million each and two sureties each in like sum; the sureties should depose to affidavit of means and should have landed property in Abuja and the re-certified Certificate of Occupancy of the property should be submitted to the court registry. The sureties are also to submit to the court registry, evidence of payment of their tax in the past three years."

The judge barred Asuni and Saidu from travelling outside the jurisdiction of the court and restrained the United States (U.S.) Embassy from granting visa to the former (Asuni).

They were ordered to swear on oath countries to which they are citizens while depositing their passports and other travelling documents at the court's registry.

The accused were also directed to report to the State Security Service (SSS) fortnightly.

The court ordered Asuni to tender at its registry a letter of undertaking, which should be signed by her child, pledging to abide with the conditions of the bail.

In his reaction to the court's decision, the Director of Public Prosecution in the Federal Ministry of Justice, Malam Salihu Aliyu said the government was satisfied.

The accused persons' counsel, Prof. Yemi Osinbajo (SAN), said although he was pleased with the success of the bail application, the condition imposed was too stringent.

"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,'' Osinbajo said.
On October 5, 2007, the accused persons all pleaded not guilty to the seven-count charge preferred against them.

The charges read that Asuni (60), Orpitz (35), Lehmann (26) and Saidu between March 20, 2007 and September, 20, 2007 at Abuja, Lagos, Warri and other places within the jurisdiction of the Federal High Court did conspire to commit felony to wit: Agreed to enter the vicinity of a protected place and took photographs of things situated therein and thereby committed an offence contrary to section 8(1) of the Official Secrets Acts, Cap 335, Laws of the Federation of Nigeria (LFN) 1990 punishable under section 7 of the Act;

Also, Orpitz and Lehmann, between September 8, 2007 and September 22, 2007 at Lagos, Port Harcourt, Warri and other places did for a purpose prejudicial to the security of Nigeria entered the vicinity of a protected place and thereby committed an offence contrary to the Official Secrets Act.
The duo were among others, also alleged to have between September 8, 2007 and September 22, 2007 at Lagos, Port Harcourt, Warri and other places did for a purpose prejudicial to the security of Nigeria, take photographs and video shots of pipelines, refineries, petroleum installations, ships and other things situated in a protected place and thereby committed an offence contrary to section 2(1) (b) of the Official Secrets Act.

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The message and significance of the arrest and extra-ordinary harsh bail condition

By the arrest and ordeals of Dr. Judith Asuni, the subliminal message from current Nigerian government appears to be very simple and direct; ‘If you are a friend of former President Olusegun Obasanjo and not cleared by the current President Umaru Yar’Adua, develop 4 long strong legs and run for cover’, summarized a group of Nigerian-American in New York City.

‘If you are wheeling and dealing with former President Olusegun Obasanjo and not cleared by the current President Umaru Yar’Adua, develop 4 long strong cheetah legs and RUN, RUN and RUN for cover. If we catch you, we will tied your hands, legs body, soul, everything, we shall stop help from coming your way, we shall set a very, very, very high bar and ask you to jump it with bare hands and feet’, chorused another Nigerian group led a man who wants to referred to as “Doctor-Professor”.