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, has not served 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 in favour of then-Senate candidate and current Senate President, Godswill Akpabio. The court sentenced him to three years in prison 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, PREMIUM TIMES’ investigation reveals that Ogban is currently not in custody.

Short Stay in Prison, Bail on Health Grounds

Ogban was initially remanded at the Ikot Ekpene Correctional Facility after 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 was despite opposition from the Independent National Electoral Commission (INEC), which prosecuted him.

Court documents show that Ogban’s legal team, led by Senior Advocate of Nigeria, Kanu Agabi, argued that he suffered from high blood pressure and tuberculosis, and might suffer injustice if the appellate court later reduced his sentence or overturned the conviction. Justice Idiong agreed, granting the professor 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.”

Appeal Court Upholds Conviction, Ogban Missing

Despite the Court of Appeal’s decision affirming the original sentence, Ogban was not present at the April 30 judgment, which was delivered virtually. Legal experts say 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 judgement.”

A staff member of the law firm representing Ogban confirmed he should be in custody but could not confirm his whereabouts. “I don’t know his exact location at the moment,” the lawyer said.

Correctional Service Silent on Ogban’s Whereabouts

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 filing this report, Metong had not responded to follow-up calls.

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 sparked questions about selective enforcement of justice, especially given his ties to powerful political figures.

Godswill Akpabio, in whose favour the rigged election results were declared, is a key figure in the ruling All Progressives Congress (APC) and a strong ally of President Bola Tinubu.

Another professor jailed for election fraud, but also enjoying freedom

Another professor, Ignatius Uduk, was recently jailed by a State High Court in Uyo for election fraud.

Mr Uduk, a professor of Human Kinetics in the Department of Physical and Health Education at the University of Uyo, was jailed for three years.

INEC prosecuted him on three charges: announcement of false election results, publication of false results, and perjury during the 2019 general elections in Essien Udim State Constituency, where he served as INEC’s collation and returning officer.

The professor falsified the election results to the advantage of the APC candidate, Nse Ntuen, who was then an ally of Mr Akpabio.

However, Mr Uduk was recently granted bail by a State High Court in Uyo.