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Tag: bail

Ricky Tarfa gets bail, trial fixed for April 20
- 99 lawyers, including 32 SANS defend Silk in court
Justice Aishat Opesanwo of a Lagos State High Court sitting in Igbosere Tuesday granted a Senior Advocate of Nigeria, SAN, Ricky Tarfa bail on self recognisance in a suit filed against him by the Economic and Financial Crimes Commission (EFCC).

The EFCC arraigned Tarfa Tuesday on a two-count charge bordering on obstruction of justice and attempting to pervert the course of justice by communicating with a Federal High Court judge that was handling a suit filed by him against the commission.

Justice Opesanwo fixed March 14 for hearing of an application filed by Tarfa asking the court to quash the charges.

The court also reserved April 20 for commencement of trial.

In charge No- LD/2417C/16 the EFCC alleged that on February 5, 2016, Tarfa hid two suspects, Nazaire Sorou Gnanhoue and Modeste Finagnon, both Beninoise, in his Mercedes Benz Sports Utility (SUV) vehicle, thereby shielding them from being arrested and wilfully obstructing the course of justice.

The Beninoise were alleged to have fraudulently converted some sophisticated manufacturing equipment belonging to Rana Prestige Nigeria Limited to their use.

They are also being investigated for alleged tax evasion running into millions of naira.

Tarfa was alleged to have prevented two operatives of the EFCC, who were officially detailed to effect the suspects’ arrest, from carrying out their statutory duties.

At the commencement of proceedings yesterday, 99 lawyers including 32 SANS were announced as part of the defence team of Tarfa.

Defence counsel, Niyi Akinola SAN led 14 other learned silks including Mike Ozekhome and tens of other lawyers in his application for bail brought pursuant to Section 115 of the Administration of Criminal Justice Law.

He urged the court to grant the defendant bail on self-recognition.

Akintola told the court that the defendant was granted administrative bail by the EFCC and has consistently reported to the EFCC office every morning by 8:00am.

He stated that the defendant had submitted himself for trial and was prepared to defend the charge filed against him by the Commission.

The learned silk added that being a SAN, the defendant would not jump bail, and that he had over 16 lawyers in his law firm.

But, opposing the application, EFCC lawyer Rotimi Oyedepo urged the court to dismiss the application for bail and remand the defendant in prison custody.

He urged the court to discountenance the argument that the defendant is a SAN, adding that in consideration of the nature of the crime, the personality of the defendant was irrelevant.

Oyedepo also stressed that Tarfa was granted administrative bail by the EFCC only after an undertaken by the President of the Nigerian Bar Association (NBA) Austin Alegeh.

Justice Opesanwo stood the matter down to consider the defence counsel’s application. On her return almost two hours later, she ruled in Tarfa’s favour.

She stated that the defendant presented overwhelming evidence before the court that was not controverted by the prosecution.
The court added that the prosecution did not deny the fact that Tarfa was granted administrative bail and did not default.

The judge granted the defendant bail on self recognition but ordered that Tarfa should not travel out the country without obtaining the court’s approval.

The two-count charge reads: “That you Rickey Tarfa on or about February 5, 2016 within the jurisdiction of the court wilfully obstructed Moses Awolusi and Sanusi Muhammed, authorised officers of the EFCC, from arresting Nazaire Sorou Gnanhoue and Modeste Finance who were reasonably suspected to have committed economic and financial crimes by keeping the said suspects in your car between 11:00 hours to 16:30 hours”.

“That you Rickey Tarfa SAN between May 11 and June 25, 2015 in Lagos, within the jurisdiction of the court attempted to pervert the course of justice by communicating with Justice Mohammed Yinusa of the Federal High Court through your mobile telephone no-08034600000 while suit No-FHC/716 between Hair Prestige Manufacturing Nigeria and EFCC filed by you on behalf of the applicants seeking to restrain the Commission from performing its statutory duties were pending before the said judge.”
February 16, 2016
Two days after, Ricky Tarfa gets bail

•Lawyers slam EFCC

Lagos lawyer, Rickey Tarfa (SAN) detained by the Economic and Financial Crimes Commission (EFCC) for obstruction was released last night after spending almost 48 hours in detention.

Tarfa was released at 6.10 pm to the President of the Nigerian Bar Association (NBA), Mr. Augustine Alegeh (SAN).

Before he was released, lawyers criticised the EFCC for detaining the lawyer.

Tarfa was held at the commission’s Lagos office following his arrest by the anti-graft agency at the premises of the Lagos High Court in Igbosere on Friday, following a five-hour stand-off when the EFCC attempted to re-arrest two of his clients, who were out on bail.

The senior lawyer had gone to court to represent two Benin Republic nationals, Gnahouse Sonrou Nazaire and Senoue Modeste, who were standing trial before Justice Raliat Adebiyi over allegations of conspiracy, forgery and uttering.

After the proceedings, the commission’s operatives attempted to re-arrest the Beninoise for a separate ongoing investigation.

It was alleged that the defendants hid in Tarfa’s car from about 12 noon till about 5pm before the EFCC operatives could effect their arrest.

Tarfa was also arrested for allegedly obstructing officers of the commission from performing their duties by preventing the arrest of an individual, who has a case to answer with the anti-graft agency.

According to a statement from Rickey-Tarfa & Co, efforts by NBA president Austin Alegeh and more than 10 other senior lawyers to get Tarfa released to the NBA president’s custody on Saturday were not successful.

“The NBA president was kept waiting in the office of EFCC from about 2:00pm till 8:00pm with no responsible official to discuss or process the bail, contrary to the assurance given to him (NBA President) by EFCC,” the statement said.

Former Presidents of the NBA, Mr. Joseph Bodunrin Daudu (SAN), Mr. Oluwarotimi Akeredolu (SAN), Prof. Kanyisola Ajayi (SAN) and Chief Emeka Ngige (SAN) all condemned the detention without bail.

Dauda said: “We shall consult with the president and take a united action against that at the Bar to protect the interest of Nigerian lawyers.”

Akeredolu attributed the arrest to overzealousness of the commission’s operatives.

“This is utter disregard for the rule of law and the sanctity of the legal profession guaranteed by the constitution,” he said.

Ajayi said: “I don’t know what the allegation against Ricky Tarfa is, but if he was arrested for obstructing justice, then it would be most unfortunate if he isn’t given bail because it is not that serious an offence that should even require any form of detention.”

Ngige urged the commission to follow due process in carrying out its duties.

He said: “Nobody is against the war against corruption, nobody is against the EFCC; we support the anti-graft war 100 per cent, but let due process be followed in doing this.”

The EFCC’s next line of action on the matter could not be obtained yesterday from the commission’s spokesman, Mr. Wilson Uwujaren, as his line was switched off.

Tarfa is a lawyer with over two decades of experience at the Bar and runs a law firm with over 50 lawyers, 30 paralegal and support staff, as well as two retired judges as consultants-in-chamber.

February 8, 2016
Biafra: Kanu denied bail, to remain in prison

Pro-Biafra agitator, Nnamdi Kanu, and his associates, Benjamin Madubugwu and David Nwawuisi (identified as a Field Maintenance Engineer with MTN Nigeria Limited), are to remain in Kuje prison, Abuja as the Federal High Court, Abuja rejected their bail application yesterday.

Justice James Tsoho, earlier at their arraignment, ordered that they be ramanded in Kuje prison.

Yesterday, the judge, in a ruling on their bail application, rejected their prayer for bail,

Justice Tsoho held that they were not entitled to bail as they failed to challenge the allegation by the prosecution that they would not continue to commit the alleged crime for which they were being prosecuted, if granted bail.

They were charged with treasonable felony for seeking secesion from Nigeria and running an illegal organisation – the Indigenous People of Biafra (IPOB).

Justice Tsoho had earlier noted that there was no objection to his being represented by Udechukwu during the hearing of the application on January 25.

The judge upheld the contention by the prosecuting counsel, Mohammed Diri, who had opposed the bail application, to the effect that the accused were likely to interfere with and intimidate prosecuting witnesses.

The judge also ruled that contrary to the contention by defence lawyers, the charges of treasonable felony, which attract life imprisonment on conviction are serious ones as held by the Supreme Court in Federal Government’s case against Asari Dokubo.

He also held that the charges filed by the Federal Government were not trumped up as contended by the defence.

He held that the defence failed to contradict the exhibits tendered by the prosecution in opposing the bail application to the effect that the accused were likely to constitute “threats to the peace and tranquility of the country”.

He ruled that rather than contradict the allegation with a rebuttal, the applicants chose to “maintain that they are within their right to agitate for self-determination.”

“In my view, this does not contradict the allegation. It is trite that an allegation not challenged is deemed admitted,” the judge held.

He also rejected the defence’s contention that the continued arrest since October 14, 2015, violated his rights under section 35.

The judge also ruled that Kanu’s admission that he was a dual citizen of Nigeria and Britain further “heightened the possibility of him jumping bail”.

The judge ruled that rather than grant bail to the accused persons, he would order an accelerated hearing of the case with the possibility of hearing it on daily basis.

“It is my candid opinion that the three defendants are not entitled to bail. Accordingly, they are to be detained in prison pending their trial,” the judge ruled.

He adjourned till February 9, 10, 11 and 12 for trial.

Kanu was in the custody of the Department of State Service since his arrest in a Lagos hotel on October 14, 2015 till January 20, 2016, when he was transferred to prison by an order of Justice Tsoho shortly after he was arraigned along with two others.

January 30, 2016
Court denies Kanu, others bail

A Federal High Court, Abuja on Friday dismissed the bail application of Nnamdi Kanu, the leader of Indigenous People of Biafra (IPB) and founder, Radio Biafra.

The News Agency of Nigeria (NAN) reports that Benjamin Madubugwu and David Nwawuisi charged along with Kanu were also denied bail.

Delivering ruling, Justice John Tsoho held that the applicants failed to meet up with the requirements to be admitted on bail.

“The application is hereby refused and the applicants are ordered to be remanded in Kuje prison pending the determination of the case,’’ Tsoho held.

Specifically, the judge held that the bail was refused because of the nature of the alleged crime against the accused persons – treasonable felony, conspiracy and possession of unlawful fire-arm.

Tsoho said that, if granted bail, there was higher propensity for the applicants to continue with the agitation for the actualisation of the State of Biafra.

“The contention between the prosecution and the defendants hinges on the un-disclaimed readiness of Kanu and his group to continue with their agitation and the mandate of the Federal Government to maintain law and order.

“The court is therefore, inclined to believing that the applicants are prepared to stir unrest as submitted by the prosecution.

“The first applicant (Kanu) is said to have a dual citizenship, being a citizen of Nigeria and Britain.

“This dual status widens probability to escape from justice,’’ he held.

Tsoho further said that in line with the provisions of Sections 162 and 168 of the Administration of Criminal Justice Act (ACJA) applicant for bail shall fulfill some criteria.

“These criteria include, but not limited to; the nature of charge, security of listed witnesses, pending criminal record of applicant, probability of applicant of not surrendering himself for trial and punishment allotted to crime committed.

“From the addresses before me, it is clear that the applicants have failed to dispel the fears raised by the prosecution team.

“The prosecution has urged the court to take judicial notice of the veracity of the charge and the life punishment the treason allegation attracts,’’ Tsoho said.

The Judge also held that it was wrong for the defendant counsel to insinuate that the ACJA makes granting of bail mandatory.

The Judge adjourned till Feb. 9 to Feb. 12 for definite trial.

Speaking to newsmen after the session, Chief Chucks Muoma (SAN), counsel to the applicants said the decision would be appealed.

January 29, 2016
Driver gets N2m bail for church member’s death

A 25-year-old driver, Saheed Rabiu, was Wednesday granted stiff bail conditions for allegedly causing the death of one Abu Godwin with his pickup truck.

Rabiu, of No.1 Milkatu Close, Agbado, Ogun State, was Wednesday arraigned by the police before Mr. B. A. Sonuga of a Lagos State Magistrates’ Court in Igbosere, on charges bordering on driving without particulars, reckless and inconsiderate driving and manslaughter.

Prosecuting Inspector Kenneth Asibor told the court that the defendant committed the offences at about 10pm on January 18, along the Ajah-Epe Expressway, Abijo Town, Ibeju-Lekki.

He alleged that Abu Godwin of Bloom Church Majeck in Abijo was killed when he was hit by a Toyota Dyna pickup truck driven carelessly and dangerously by the defendant, without vehicle documents.
The pickup truck’s Registration No. was given as BDG718XG.

He said that the alleged offences contravened and were punishable under Section 15 A82 No.4; Section 18(1) A84 No.4 and Section 20(1) A85 No.4 of the Lagos State Road Traffic Law, 2012.

The defendant, pleaded not guilty to all four counts and his lawyer, Mr. Ikechukwu Anioma urged the court to grant him bail on liberal terms.

Magistrate Sonuga admitted the defendant to bail in the sum of N2 million with two sureties in the like sum, who must provide evidence of tax payment for five years.

One of the sureties must also be a blood relation with a verifiable address within the court’s jurisdiction.
The matter was adjourned till February 16, for trial.

January 27, 2016
Fed Govt urges court to deny Kanu, others bail

The Federal Government yesterday urged a Federal High Court in Abuja to decline the bail application by pro-Biafra agitator, Nnamdi Kanu and his associates, Benjamin Madubugwu and David Nwawuisi.

The trio were arraigned on January 20 on a six-count of treasonable felony; running an unlawful organisation, plotting to levy war on the country, illegal possession of firearms and ammunition and unlawful importation of a transmitter, with which they ran the illegal Radio Biafra.

Yesterday, the Director of Public Prosecution, Mohammad Diri, moved the counter-affidavit on their bail application, urging the court to decline the request.

Diri said Kanu admitted he was a British citizen who sneaked into the country.

He added that he could sneak out of the country, if admitted to bail.

Earlier, while arguing the bail application, defence lawyer M. U. Udechukwu told the court that their offences were bailable and urged the court to grant them bail.

Udechukwu relied on sections 158 and 162 of the Administration of Criminal Justice Act (ACJA) 2015.

He argued that the prosecution’s claims were not sufficient to deny the defendants bail.

Justice James Tsoho adjourned ruling till Friday.

January 26, 2016
Alleged destruction of statement: Metuh gets N600m bail

Detained spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, got reprieve Friday as a High Court of the Federal Capital Territory (FCT) granted him N600 million bail.

Metuh was arraigned before the court on Thursday on a two-count charge, in which he was accused of destroying the statement he made to operatives of the Economic and Financial Crimes Commission (EFCC).

Before his arraignment at the FCT High Court on Thursday, Metuh had earlier been arraigned before Justice Okon Abang of the Federal High Court on a seven-count charge of money laundering.

The judge has since granted Metuh bail at N400m and two sureties, who must have houses in the highbrow Maitama, Abuja.

Metuh is yet to meet the conditions attached to the bail granted him by the Federal High Court.

Friday, Justice Ishaq Bello of the FCT High Court took argument on Metuh’s bail application.

Metuh’s lawyer, Onyechi Ikpeazu (SAN), while making oral application for his client’s bail, relied on the provisions of sections 158 and 162 of the Administration of Criminal Justice Act, 2015 as well as sections 35 and 36 of the Constitution.

Lead prosecution lawyer, Sylvanus Tahir did not object to the bail application.

Ruling, the judge agreed with the defence that the offences the accused was charged with were bailable and that he was presumed innocent until proved guilty.

Trial in the case is expected to open on February 26.

January 22, 2016
Update: Court grants Metuh N400m bail
- To remain in Kuje prison until he meets bail conditions
Detained spokesman of the Peoples Democratic Party (PDP), Olisa Metuh got a breather Tuesday at a Federal High Court in Abuja granted him bail at N400million.

Metuh, who was on January 15 remanded in Kuje prison, Abuja after his arraignment, is to remain in prison until he is able to meet the bail conditions.

Justice Okon Abang, in a ruling Tuesday on Metuh’s bail application, also directed him to produce two sureties, who must each signed bond of N200m.

The judge said the sureties must own houses in Maitama, a highbrow area in the Federal Capital Territory (FCT).

Justice Abang said officials of the court must verify the property documents in respects of the property submitted by the sureties.

He directed the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) to confirm the title documents of the property pledged by the sureties and their addresses.

The judge, in granting the bail, noted that the offences for which the applicant was standing trial were bailable.

He said, under the nation’s criminal justice system, an accused is presumed innocent until proven otherwise.

The judge was of the view that the prosecution’s allegation that Metuh tore his statement was not established.

Metuh is charged with breach of public trust, corrupt acquisition of public funds and money laundering.

The commission said, in the charge, that a former Chairman, Board of Trustee (BOT) of the Peoples Democratic Party (PDP), Anthony Anenih benefited from the N400million allegedly received by the party’s spokesman, Olisa Metuh.

EFCC accused Metuh of receiving the N400m from “an unlawful activity” of the immediate past National Security Adviser (NSA), Mohammed Sambo Dasuki.

The commission said its investigation also revealed that Metuh allegedly transferred $2million United. States dollars, through one of his agents, Nneka Nicole Ararume, to Sie Iyenome and Kabiru Ibrahim of Capital Field Investment, an organisation it found not to be a financial institution.

The EFCC was silent on why Metuh gave Anenih N21, 776,000 and for what purpose.

The commission, which was also silent on what investment Metuh made with the $2m, said it will lead evidence to that effect at trial.

Earlier while moving the bail application, Metuh’s lawyer, Chris Uche (SAN) urged the court to admit his client to bail on the ground that the alleged offences were bailable.

He noted that under the Money Laundering Act, where Metuh was charged, the offences which attract a maximum of 7 years are not severe as claimed by the prosecution.

Uche denied the prosecution’s argument that Metuh could interfere with investigation.

He said his client will not evade trial as he is a known personality. He urged the court to grant him on liberal terms or if possible, on self recognition.

Responding, prosecution lawyer, Sylvester Tahir objected to the granting of bail to Metuh.

He argued that aside that Metuh could tamper with the course of justice, having allegedly torn his statement, he was yet to provide sufficient material to move the court to exercise its discretion in his favour.

Tahir urged the court to be guided by the additional conditions contained in Section 162(c) (d) & (f) of the Administration of Criminal Justice Act (ACJA) 2015 before determining the application.

He noted that thesection of the ACJA provides that where an applicant was seen as being capable of tampering with investigation, prosecution’s evidence and the course of justice, he could be denied bail.

He said further investigation was still on and that there was the possibility that further investigation may link the applicant as well as the likelihood of further charges being filed.

On argument that his detention at the EFCC before his arraignment was unlawful, Tahir relied on Section 293 of ACJA 2015 which, he said empowers the Magistrate to entertain application for remand, to argue that Metuh’s detention before his arraignment was lawful.

Justice Abang has adjourned to January 25 for the commencement of trial.
January 19, 2016
Ex-PDP chairman, son granted bail

A Federal High Court in Abuja has granted bail to former Chairman of the Peoples Democratic Party (PDP), Haliru Mohammed Bello and his son, Abba Bello at N300m and two sureties each.

Justice Ahmed Mohammed, in a ruling on their bail applications, said, in view of the applicants’ health conditions and that they have pledged to make themselves available for trial, the court cannot deny them bail.

Abba is said to be suffering from asthma and arthritis, while Haliru is said to be undergoing treatment for injuries relating to the surgery he recently had, in his spinal area, in a United Kingdom hospital.

Abba is to remain in Kuje prison, Abuja, while Halliru is to be restricted to the hospital where he is being treated (as per the court earlier orders of Tuesday) pending when they fulfill the bail conditions.

Haliru was again brought to court yesterday in a wheel chair, accompanied by medical personnel from the Abuja Clinic. He was transported to the court in an ambulance bearing the inscription of “Abuja Clinic.”

Haliru, his son and their company, Bam Projects and Properties Limited were arraigned on Tueasday on a four-count charge of money laundering. They were in a charge marked: FHC/ABJ/CR/389/2015‎, accused of receiving N300m from the office of the National Security Adviser (NSA), Sambo Mohammed Dasuki on March 17, 2015 for political campaign under pretext that it was meant for a housing project named “Safe Houses”.

In his ruling yesterday, Justice Mohammed noted that there was nothing before the court to suggest that the offences with which the defendants were charged attract capital punishment, that they could jump bail or that they would interfere with prosecution witnesses.

He said the practice was for the court to adopt a liberal approach in considering whether or not to grant bail to an accused, who is entitled to bail in non-capital offences, having regard to Section 32(1) of the 1979 Constitution.

“It is only where there are strong and weighty reasons suggesting that the accused person will not come back to take his trial or there is the likelihood of his committing more offences if he is granted bail that bail can be denied.

“The complainant has not shown that the applicants’ claim of ill-health is false. Furthermore, the medical reports tendered support the applicants’ claim. The complainant’s contention that the applicants have not shown that the prison authorities cannot take care of their ill-heath cannot, in my view, be a ground to refuse the applicants bail.

“This is because if the applicants are currently being treated in a hospital or clinic that can adequately take care of their ailment, then, it will be most unfair to refuse their bail applications. Furthermore, the applicants have deposed to affidavits that they will not jump bail, that they will provide credible sureties, that they will always attend court to take their trial.

“I am further satisfied that the 1^st and 2^nd applicants (Abba and Haliru) are entitled to bail in view of the circumstance of this case. I therefore admit the 1^st and 3^rd defendants to bail pending the trial of this case,” Justice Mohammed said.

The judge granted Abba bail at N300m and two sureties in like sum, one of who shall be a civil servant in the employment of the Federal Government or any of its agencies and must not be below Grade Level 12. The other, the judge said, must own a property worth N300m within the Federal Capital territory and must deposit its title documents with the court pending the completion of trial.

In the case of Haliru, the judge granted him bail at the same amount, with two sureties, one of who must be a Federal Government employee and at the level of a director. The other surety is also to have a property in Abuja worth N300m.

Abbah and his father are to deposit their travel documents with the court’s officials, who are also to verify all documents submitted by the sureties.

The judge adjourned to February 16 for the commencement of trial.

January 7, 2016
N2.1bn alleged fraud: Court grants Dokpesi bail

A Federal High Court Abuja on Monday granted bail to former Chairman of African Independent Television (AIT) Raymond Dokpesi, who is standing trial over alleged N2.1bn fraud.

In a ruling of the court, Justice Gabriel Kolawole granted bail to Dokpesi in the sum of N400 million and two sureties in like sum.

He said that each surety must have a landed property worth N200 million each.

Kolawole said that one of the sureties must be a serving or retired civil servant of the rank of a director in either the federal or state civil service.

He said, if retired, the surety must show a retirement letter indicating the organisation where he or she had served.

Kolawole also said that the second surety must be a private entrepreneur with evidence of three years tax clearance certificate and a verifiable landed property worth N200 million.

He said the sureties must sign an undertaking of forfeiture of the property to the Federal Government, in the event that the defendant did not make himself available for trial.

The judge ordered that the international passport of the defendant should be deposited with the registrar of the court.

He said failure to perfect the bail conditions, the defendant should be remanded in Kuje prison pending the time all the conditions would be met.

He also directed that Dokpesi should not be arrested by any government agency for any investigation.

He said that if any government agency wanted further investigation on the case, it should approach the defendant’s lawyers to make him available.

Dokpesi is standing trial alongside his company, DAAR Investment and Holdings Ltd, on a six-count-charge bordering on money laundering and contract fraud to the tune of N2.1billion.

December 14, 2015