A Federal Capital Territory High Court yesterday granted bail to Mr Chidi Duru, a former member, House of Representatives on self-recognition.
Duru is standing trial on a four-count charge bothering on fraud, falsification of documents and money laundering to the tune of N16.1mllion, brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Peter Affen granted the defendant bail after he pleaded not guilty to the allegations and the bail application brought by his lawyer, Mr Abdul Mohammed.
He granted the defendant bail on self-recognition and ordered that he deposit his international passport and travel documents with the registrar of the court.
The judge adjourned the case till February 27 for hearing of the preliminary objection filed by the defence.
Earlier, the prosecuting counsel, Mr Sylvanus Tahir, told the court that Duru, as the Vice Chairman of First Guarantee Pension Ltd (FGPL), was entrusted with N15 million sometime in July.
Tahir said that the defendant converted the amount, which represents 30 per cent equity shares of the company and sold them to Novare Holdings Proprietary Ltd, to his own use.
He urged the court to remand the defendant in prison pending the determination of the matter.
He also asked for a trial date to enable him to bring witnesses and open his case.
The defence counsel, Mr Abdul Mohammed, told the court that he has filed a motion for preliminary objection duly served on the prosecution in February and applied for bail of his client.
Tag: bail
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Court grants bail to ex-Rep Duru on self-recognition
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Falana urges government to release Dasuki on bail
Lagos lawyer, Femi Falana (SAN) has advised the federal government to release the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd.) as ordered by the Court of Justice of the Economic Community of West African States (ECOWAS).
Falana argued in a statement issued in Lagos yesterday that this has become necessary to allow Col. Sambo to enjoy his human right to liberty within the context of the bails granted him by the trial courts.
“Having loudly proclaimed to operate under the rule of law, Nigeria cannot afford to ignore the order of ECOWAS Court. Indeed, as a leading member state of the ECOWAS, the Nigerian government must contuinue to demonstrate leadership by example”, he said.
The senior lawyer argued further that if the federal government could persuade the former military dictators in Niger Republic to release ex-President Mammoud Tandja from custody in line with the order of the Ecowas court, “President Buhari should therefore direct the SSS to comply with the order of the ECOWAS Court by releasing Col. Dasuki (rtd.) on bail without further delay.
He recalled two courts, a federal high court, Abuja and a Fedral Capital Territory (FCT) high court had admitted the former NS, who was facing charges bordering on money laundering offences, to bail.
He noted that though the authorities of Kuje prisons released him having fulfilled his bail conditions on December 29, last year, he was re-arrested by the SSS and has remained in detention since then.
Falana claimed to have advised government to comply with the orders admitting the suspects to bail pending trial because the fresh arrest could not be justified under the constitution but that his advise was ignored for reasons best known to the government.
He reasoned that the development may have compelled the detainee to approach the ECOWAS court for the enforcement of his human rights to personal liberty guaranteed by Article 6 of the African Charter on Human and Peoples Rights.
Although government challenged the jurisdiction of the court, he noted that the objection was dismissed while the ECOWAS court held that the detention of the former NSA could not be justified under the Nigerian constitution without a court order.
He however clarified that that contrary to wrong impression created that Col. Dasuki was released by the court unconditionally, he said all that the ECOWAS court said was that the suspect be allowed to enjoy his human right to liberty within the context of the bails granted him by the trial courts.
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Alleged N2.3b diversion: Orubebe, others get N50m bail
…..Trial opens November 10
A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has granted bail at N50million to former Minister of Niger Delta Affairs, Godsday Orubebe and two others arraigned before it Wednesday morning.
Godsday Orubebe, Oludare Lawrence Alaba an Assistant Director, Ministry of Niger Delta Affiars), Ephraim Tewolde Zeri (Director of Contracts in Gitto Costruzioni Generali Nigeria Limited) and the company were arraigned on a six-count charge marked: CR/265/2016.
They are, in the charge filed by the Independent Corrupt Practices and other related offences Commission (ICPC), accused among others, of diverting about N2.3b meant for the compensation of property owners to be affected by the Federal Government’s dualisation project of Section IV of the East West Road.
Orubebe and others pleaded not guilty to the charge, following which Justice Kayode Adeniyi granted the ex-Minister bail at N10m and one surety, who must be a responsible Nigerian, resident in Abuja and must show evidence of regular tax payment.
The judge granted Alaba and Zeri bail at N20m and one surety each, who are to be residents in Abuja.
He said Alaba’s surety must be an Assistant Director in any Federal Government’s agency, while Zeri’s surety must own property in Abuja and show evidence of ownership.
Justice Adeniyi ordered the defendants to be kept in ICPC’s custody pending when they are able to process the bail granted them.
He adjourned to November 10 for commencement of trial.
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Woman accused of killing friend released on bail
Mrs. Gloria Okocha, 31, who was accused of killing Mrs Remi Nwokolo, has been granted bail by a Kano State Chief Magistrates’ Court.
Mrs Okocha was árraigned on a two-count charge of causing death by dangerous driving and driving without due care and attention.
According to the charge sheet, on July 22, about 1800hrs, Gloria Okocha, a resident of Painsau quarters, Kano, dangerously and carelessly drove a Toyota Matrix vehicle (RKD 823CP) on Nguru road, Sabon Gari, opposite Word of Faith Church.
The charge alleged that both women had separated after discussing when the accused hit Mrs. Nwokolo from the rear, leaving her with injuries.
“She was rushed to Aminu Kano Teaching hospital where she died during treatment. You are thereby charged for the above offence,” the charge said.
But the accused denied the allegations, and through her counsel, G.I. Makoli, applied for bail, a request which the court granted.
The Magistrate, Mukthari Dandago, ordered that the accused be released on bail on N50,000 with one surety in like sum.
Police prosecutor Sergeant Jacob Yaduma applied for the matter to be adjourned till another date for further mention, and it was adjourned till August 4.
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Ese Oruru’s ‘abductor’ released after meeting bail conditions
Yunusa Dahiru (aka Yellow), who is on trial for allegedly abducting 14-year-old Ese Oruru, a Delta State indigene in Yenagoa, the Bayelsa State capital, has met his bail conditions.
It was gathered that Yunusa left prison custody at the weekend after spending over four months at the Okaka Prisons in Yenagoa.
A source, who spoke in confidence, said Yunusa was taken to his community in Kano State, in company of his defence lawyers.
An indigene of Bayelsa State reportedly played a key role in fulfilling the bail condition slammed on Yunusa by the Federal High Court, contrary to insinuations that no Bayelsa indigene would be willing to stand surety for him because of ethnic and religious background.
Yunusa’s lawyers had been battling since March to free him from prison, following the difficult bail conditions the Federal High Court, presided over by Justice Ajiya Nganjiwa, slammed on him.
Nganjiwa set a N3 million bail bond and two sureties, who must be resident within the jurisdiction of the court, as one of the conditions for Dahiru’s release.
He also ruled that one of the sureties must be a traditional title holder, while the second must be a civil servant on Grade Level 12 or above.
The bail conditions also stipulated that the two sureties must submit their three-year tax clearance receipts and that the defence lawyer must sign an undertaking that the accused would not jump bail.
But the judge later reduced the conditions after Yunusa’s lawyer approached him, saying they could not meet some of the requirements.
The court said a Level 9 civil servant could take him on bail and further granted Yunusa’s prayers to allow any traditional ruler from any community in the country to stand as surety for him.
Many of the court sessions to hear the case recently were done in camera, following a request the court granted to the prosecution that Ese should be cross-examined in privacy.
But a source privy to the private court proceedings said Ese had been antagonistic, seeing Yunusa and herself in the courtroom.
Lawyer to the accused Mr. Kayode Olaosebikan confirmed release of his client, saying: “His people have taken him away.”
He added that Ese’s cross-examination would continue on the next adjourned date.
Miss Oruru gave birth to a baby girl and still in the protective custody of the Bayelsa State Police Command, which has taken responsibility for her upkeep in collaboration with the state government.
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Fani-Kayode, Nenadi, Danjuma get N750m bail
The Federal High Court in Lagos yesterday admitted former ministers of Aviation and Finance, Chief Femi Fani-Kayode and Senator Nenadi Usman bail, to bail on N250 million each. The Economic and Financial Crimes Commission (EFCC) arraigned them on a 17-count charge of laundering about N4.6 billion.
They pleaded not guilty. They were charged with ex-Chairman of the Association of Local Government of Nigeria (ALGON) as well as Kagarko Local Government of Kaduna State Mr. Yusuf Danjuma and a company said to belong to him, Jointrust Dimentions Nigeria Limited. Danjuma also got bail for N250 million.
Justice Muslim Hassan said there was no basis for denying them bail since the alleged offence was a bailable one.
He noted that denying them bail, especially as the court’s vacation would begin next Monday until September 9, would not serve the interest of justice. He granted them bail for N250 million each with two sureties each in like sum.
The sureties must show evidence of owning landed property in Lagos, the judge ruled.
The defendants and sureties must submit their international passport with the court’s registry, he said.
Justice Hassan directed the EFCC to verify the bail terms within seven days before letting the defendants go home. Arguing the bail applications, defence counsel, Ferdinand Orbih (SAN) for Usman and Ifedayo Adedipe (SAN) for Fani-Kayode prayed the court to grant their clients bail on self recognition or on liberal term.
They said the defendants deserved bail since they are presumed innocent until proved guilty. Orbih said Usman was abroad when she learnt that EFCC wanted her, adding that she reported at the commission voluntarily and was granted administrative bail after being interrogated. He said she would not jump bail or interfere with investigation.
Adedipe said Fani-Kayode had been in EFCC’s custody for over 50 days, adding that if his client got bail, he would not tamper with justice or influences witness. But EFCC’s prosecutor, Mark Anana, opposed the bail applications, arguing that the defendants could jump bail or interfere with witnesses.
Justice Hassan overruled the commission’s objections and exercised his discretion to grant bail in their favour. Count one of the charge reads:
“That you, Nenadi Esther Usman, Femi Fani-Kayode, Danjuman Yusuf and Jointrust Dimentions Nigeria Ltd on, or about January 8, 2015, within the jurisdiction of this court conspired among yourselves to indirectly retain the sum of N1,500, 000,000, which sum you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: stealing.
”The four were also accused of indirectly retaining N300 million, N400 million and N800 million, all proceeds of corruption, according to EFCC. EFCC said they allegedly committed the offence between last January 8 and last March 25, 2015, ahead of last year’s general election.
In another count, the prosecution alleged that Fani-Kayode directly retained N350 million, which he ought to have “reasonably known formed part of the proceeds of an unlawful act to wit: stealing.
”The commission said Fani-Kayode directly used the sum of N170 million, among other sums, which he reasonably ought to have known forms part of the proceeds of corruption and stealing. He was also accused of doing cash transaction of N24 million with Olubode Oke, said to be at large, without going through a financial institution.The offence, EFCC said, violates Sections 1(a) and 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b). Justice Hassan adjourned until Oct. 19, 20, and 21 for trial.
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Ese Oruru: Yunusa granted bail
Yunusa Dahiru alias Yellow, who is standing trial on four-count of abduction of Ese Oruru has been granted bail.
Details later
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Ibinabo seeks bail on health grounds
Nollywood actress and President of the Actors Guild of Nigeria, who is currently in detention on charges of manslaughter, has sought bail citing health reasons. This is coming after the embattled actress’ March 11 failed attempt to secure bail.
The three-man panel, presided over by Justice Ndukwe-Anyanwu, said that the appellant failed to attach copies of the judgment that was delivered by the court which affirmed the five years jail sentence imposed on her.
In a six paragraph affidavit of urgency deposed to by one Victor Eden, the deponent averred that a tumour was expelled from Ibinabo’s breast.
The trial magistrate had earlier given the appellant an option of N100, 000 fine for the offence. This judgment was, however, overturned by the high court, which replaced the option of fine with a five-year jail term.
The court of appeal has fixed April 7 to hear a bail application causing the actress and ex beauty queen to file an appeal through her lawyer, urging the court to set aside the five- year sentence.
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Court grants ex-CDS N2b bail
- EFCC promises to tender $1m cash recovered from Badeh’s house
The Economic and Financial Crimes Commission (EFCC) told a Federal High Court Thursday that it will tendered the $1billion its agents allegedly recovered from the Abuja home of former Chief of Defence Staff (CDS), Alex Badeh.
Prosecution lawyer, Rotimi Jacobs (SAN) said this while arguing his counter-affidavit to Badeh’s bail motion.
Badeh was arraigned before the court on March 7 with a firm, Iyalikam Nigeria Limited, on a 10-count charge of breach of trust and corruption.
Although Badeh’s lawyer, Samuel Zibri (SAN) denied that money was recovered from his client’s house, Jacobs insisted that he will produce the money as exhibit before the court next week when trial commences.
“About N5b is involved in this case. We even saw part of the money in the house to make matters worse. We will bring the $1m dollars here as exhibit,” Jacobs said while opposing bail to Badeh.
Justice Okon Abang however granted bail to Badeh at N2billion, with two sureties at N1b each.
Ruling on Badeh’s bail application, the judge rejected Jacobs’ objection and held that the grounds on which the prosecution opposed the bail could not overrule the presumption of innocence granted a defendant in a criminal case, as provided under Section 36(5) of the Constitution.
“In the final analysis, and having regard to the amount in the charge, though still in the realm of allegation, the 1st defendant is admitted to bail at N2b and two sureties at N1b each,” Justice Abang said.
He added that each of the sureties must possess landed property in the Federal Capital Territory (FCT), which must be valued at N1b.
The judge said the sureties must submit documents in respect of the property to the court after the court’s registrar and the Economic and Financial Crimes Commission (EFCC) must have verified their validity.
The sureties are to swear to affidavit of means, while Badeh is to deposit his international and official passports with the court.
The prosecution had, while opposing the bail accused Badeh of aiding the escape of his wife and son, Alex Badeh Jr, who are allegedly link to the crime for which the ex-CDS is being tried.
An EFCC detective, Yusuf Kassim said, in an affidavit supporting the prosecution’s counter-affidavit, that Badeh’s purported act clogged government’s anti insurgency efforts.
Kassim: “That the properties referred to were purchased by the applicant through his cronies/agents with the funds released to his office for the fight against insurgency
“Some of the money were converted to dollars before being used to purchase the properties so as to disguise the origin of the funds.
“Our investigation also revealed that some of the close associates of the applicant including his wife, son and daughter who also linked with the crime being alleged have all absconded from jurisdiction with the assistance of the applicant so as to avoid being prosecuted.
“In the course of our investigation, Alex Badeh Jr, the son of the applicant, made his statement with the commission and was allowed to go home while he was asked to report back later, but he absconded from jurisdiction with the connivance of the applicant herein and he is now at large.
“Our Lagos office is also investigating the applicant in relation to over N4b he obtained from the Nigerian Maritime Administration and Safety Agency (NIMASA) under fraudulent circumstances.
“The offences being alleged against the defendant border on economic sabotage that strikes at the very foundation of the well-being and existence of Nigeria.
“The security of the Nigerian nation was compromised and the lives of innocent Nigerian soldiers in the battlefront against terrorists were endangered on account of diversion of the funds meant for the security of the nation by the applicant,” Kassim said.
Justice Abang has adjourned to March 14 for the commencement of trial.
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Businessman gets N1m bail for ‘defiling’ minor
An Ikeja Chief Magistrates’ Court has granted N1 million bail to a 23-year-old trader, Obinna Obaji, for allegedly defiling a three-year-old girl by fingering.
Chief Magistrate Tajudeen Elias, in his ruling last Friday, ordered the defendant to produce two sureties in like sum as part of the bail conditions.
Elias said Obaji should deposit N100, 000 into the Chief Registrar’s Account, pending the determination of the case.
Obaji, a trader on Orisumbare Street in Iyana Ipaja, Lagos was arraigned on February 29 on a one-count charge of sexual assault, but he pleaded not guilty.
Prosecuting Inspector Benedict Aigbokhan said the defendant committed the offence at his residence on February 21.
Aigbokhan said the defendant was living in the same compound with the victim’s mother.
“It was when the victim, a three-year-old girl, wanted to urinate that her mother discovered that she was finding it difficult to urinate and also crying.
“The mother saw marks on her daughter’s vagina and when she asked her what happened, the girl said it was the defendant that inserted his hand into it,.’’ Aigbokhan said.
The prosecutor said the offence contravened Section 404 of the Criminal Law of Lagos State, 2011.
Elias adjourned the case to April 13 for the Department of Public Prosecution’s advice.