The Nation Newspaper

Tag: granted bail

  • ‘N950m fraud’: Shekarau, others granted bail as police disperse supporters with tear-gas, bullets

    THERE was confusion yesterday around the Kano Federal High Court on Court Road after the former Minister of Education Ibrahim Shekarau, ex- Director-General of former President Goodluck Jonathan Campaign Organisation Ambassador Aminu Wali and Munsur Ahmad were granted bail.

    The trio were arraigned before Justice Zainab Abubakar by the Economic and Financial Crimes Commission (EFCC) on a six-count charge, bordering on alleged conspiracy and money laundering to the tune of N950 million.

    But trouble started when Shekarau’s supporters attempted to forcefully enter into the court premises. But the police stopped them by shooting live bullets sporadically into the air to scare them.

    The security operatives later extended their attacks by shooting canisters of tear-gas into the court premises.

    This forced lawyers, reporters and court officials to scamper for safety.

    The security men then went after the protesters, using the butts of their guns as well as flogging them.

    The three accused persons were arraigned on six-count charges, bordering on money laundering, an offence contrary to Section 18(a) of Money Laundering Prohibition Act of 2011 as amended.

    The accused pleaded not guilty to the six charges.

    Counsel to the EFCC J.A. Ojogbane opposed the defence counsel’s bail application.

    Ojogbane insisted that the affidavit submitted for bail application was against Section 155 of the Evidence Act.

    He noted that there was no bail application before the court.

    Counsel to the accused Sam Ologunorisa, SAN, who did not oppose the prosecution counsel’s argument, however, sought the leave of the court for bail application.

    The defence counsel, who relied on Section 163 of the Administrative of Criminal Justice Act in a 10-paragraph affidavit, insisted that the offence is bailable.

    After listening to the arguments of both counsels, Justice Abubakar stood down the proceedings for about 40 minutes.

    The judge, after the recess, granted the accused bail on six conditions.

    She said they should be remanded in EFCC custody pending when they will fulfill the bail conditions.

    The conditions include N100 million naira each and two sureties with landed property within the jurisdiction of the court.

    The landed property must have a C-of-O and must be verified by the Ministry of Land and deposited with the court registrar. The second surety must be a civil servant not below the rank of a director.

    The judge added that the accused should submit their international passports with the registrar and two copies of recent passport-sized photographs.

    The case has been adjourned to June 26.

     

     

     

  • Kogi  Elders Forum chair charged with forgery, granted bail

    Kogi  Elders Forum chair charged with forgery, granted bail

    A lawyer, Julius Elukpo, yesterday, appeared  before a Chief Magistrates’ Court, Lokoja, on a one-count charge of forgery.

    Elukpo who is also the Chairman of Kogi State Elders Forum was alleged to have forged the signatures of two persons to write a petition to the Minister of Health on March 22, 2017.

    The accused  pleaded not guilty.

    However, the police prosecutor , Sgt. Obi Ubana told the Chief Magistrate, Mr Seidu Hussein that Elukpo had in the petition alleged corruption, fraud and injustice against some management staff of the Federal Medical Centre , Lokoja.

    He said that after police investigation, it was established that two of the signatures on the petition were forged, prompting the state Commissioner of Police to institute the case against Elukpo.

    Ubana said that the offence is contrary to Section 364 of the penal code and prescribes a maximum of 14 years imprisonment if found guilty.

    He told the court that he had lined up five witnesses, including the two persons whose signatures were allegedly forged by the defendant to prove his case.

    Ubana then asked the court to remand the defendant in prison custody and sought for adjournment.

    Counsel to Elukpo, Mr Muizdeeen Abdulahi , while making oral application for bail, urged the court to use its discretion in granting his client bail.

    He said that Elukpo is a well respected member of the bar in Lokoja who will not interfere with investigation or jump bail.

    However,  the prosecutor urged the court not to grant the bail, saying that the defendant had consistently failed to honour police invitations.

    He said that the police had to arrest the accused on March 8 and consequently charged him to court.

    The Chief Magistrate agreed with the prosecution that the case was ordinarily bailable, but explained that the court can still exercise its discretion over the application.

    Hussein consequently granted Elukpo bail on self recognition, with a N50,000 bond.

    He warned the defendant not to interfere with investigation or commit any other offence.

    The Chief Magistrate them adjourned the case till March 19, for mention.

  • Burna Boy arraigned, granted bail

    Burna Boy arraigned, granted bail

    The Lagos State Police, on Monday arraigned Dance hall and hip hop musician, Damini Ogulu aka Burna Boy was yesterday arraigned for alleged robbery of his colleague, Abiye David Jombo aka Mr 2Kay.

    Burna Boy is facing a two count charge of ‘accessory after the fact’ and ‘conspiracy’ preferred against him by the Police Prosecutor, Inspector N. Peters.

    During proceedings yesterday, Burna Boy who was dressed in T-shirt and blue jean trousers pleaded not guilty to the two count charge of ‘accessory after the fact’ and ‘conspiracy.

    The Prosecutor, Inspector Peters said Burna Boy did not disclose to security operatives what he knew about the armed robbery which took place on the 22nd of October.

    Bright Idahosa, counsel to Burna Boy, asked the court to grant his client bail in liberal terms.

    The prosecutor did not oppose the application.

    However lawyers for Eko Hotel and Suites and Mr 2Kay’s record label Grafton Entertainment opposed the bail application while insisting that Burna Boy is a key witness in a sister case where the main suspects in the armed robbery case against Mr 2Kay are standing trial.

    Counsel to Eko Hotel and Suites, Tayo Reju opposed bail for the defendant. Reju argued that if  Burna Boy was granted bail, it would jeopardize the sister case at a Lagos State Magistrate Court.

    After listening to both parties, the presiding Magistrate, Mrs. Bola Osunsanmi granted Burna Boy bail of N100, 000 with two responsible sureties in the like sum.

    She thereafter, adjourned the matter till December 29 for commencement of trial.

    The musician was whisked away in an ash coloured Toyota Sienna.

    Lagos State Commissioner of Police, Edgal Imohimi, in a statement last Friday had alleged that the suspects were paid N50,000 before the attack on Mr. 2Kay and another N50,000 was paid directly by Burna boy after the job was done.

     

  • Tsav arraigned, granted bail

    Tsav arraigned, granted bail

    A Chief Magistrates’ Court in Makurdi, Benue State, has granted the Public Complaints Commissioner in Benue State, Abubakar Tsav, bail in the sum of N500,000, to allow for out-of-court settlement of the issue between him and the state government.

    Tsav’s lawyer, Anthony Agadah, told the court of his client’s decision to settle out of court as, according to him, two meetings were held yesterday to resolve the issues.

    Andrew Wombo, who appeared for the complainant, corroborated Agadah’s statement.

    Chief Magistrate Isaac Ajim, who noted that an out-of-court settlement is part of justice, granted Tsav a bail of N500,000.

    He adjourned the matter till September 19 for mentioning and hearing of the preliminary objections.

    As at press time yesterday, Tsav was still at the court processing his bail.

  • $3m bribe: Lawan, Emenalo granted bail

    $3m bribe: Lawan, Emenalo granted bail

    The Chairman, House of Representatives’ Ad-hoc Committee on Monitoring of Fuel Subsidy Regime, Hon. Farouk Lawan, returned home yesterday after staying in prison for one week.

    He was granted bail by a Federal Capital Territory High Court alongside his co-accused and committee secretary, Mr. Emenalo Boniface.

    Each of them was released on N10 million bail and two sureties each in like sum.

    They were arraigned last week on a seven count charge of conspiracy to corruptly obtain $3 million from oil magnate, Femi Otedola, with a view to removing the name of his company, Zenon Petroleum and Gas Company, from the list of firms indicted for fraudulently receiving subsidy payments from the Federal Government.

    In granting them bail, Justice Mudashiru Oniyangi said the offence for which they were charged was “ordinarily bailable”, moreso that “the discretion of the court to grant bail must be exercised judicially and judiciously, upon presentation of material facts.”

    But he ordered the accused persons to deposit their international passports with the Registrar of the court, and restrained them from travelling outside the jurisdiction of the court without permission.

    “Consequentially, therefore, I have come to the conclusion, after considering the facts, that this is a proper circumstance where the court can exercise its discretion judicially and judiciously,” he said.

    “Finally, I hold that the application succeeds and I therefore overrule the objection by the prosecution,” the judge concluded.

    The alleged offence is contrary to Sections 8(1), 10 (a)(ii), 17(1)(a), 23(1) and 26(1)(c), and punishable under Sections 8(1), 10, 17(1) and 23(3) of the Corrupt Practices and Other Related Offences Act, 2000.

    Lawan is mentioned in count one to four of the charge while Emenalo is mentioned in count 1, 5, 6 and 7.

    They both pleaded not guilty.

    Chief Adegboyega Awomolo (SAN), the private prosecutor hired by the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN), said the alleged offences attract two to seven years jail term.

    Counsel to the accused, Mr. Rickey Tarfa (SAN) prayed the court to exercise its discretion to admit the accused to bail.

    The application was pursuant to Sections 35 and 36(5) of the 1999 Constitution as amended and Sections 340 and 341(2) of the Criminal Procedure Code (CPC).

    Tarfa told the court that the accused persons were on administrative bail and never violated it.

    “The first accused has had cause to travel out four times since the commencement of the investigation. He has been a member of the House since 1999. He is currently chairing the Committee on Financial Administration.”

    Citing the case of Onwubagu v State, 2008, All Federation Law Report, pt. 420 at page 764 and the case of Ebute v State, 1994, 8 Nigeria Weekly Law Report (NWLR), pt. 360 at page 66, Tarfa urged the court to note that the accused voluntarily submitted themselves.

    Awomolo opposed the bail application and urged the court to note the nature of the offences and the likelihood of the accused persons committing another one.

    He said: ”The offence the accused are charged for are corruption by public officer at the highest level, particularly in the legislative arm.

    “The accused persons in their Affidavit did not give undertaking that he will not be a member of another committee and that he will not demand or receive bribe.”

    The Prosecutor said that Lawan was part of the legislators that enacted the Corrupt Practices and Other Related Offences Act, 2000, adding that the accused persons “knew the intention of the lawmakers, now they are part of the violators.”

    Replying on point of law, Tarfa urged the court to discountenance the submission of the Prosecutor, saying investigation had been concluded so there was no likelihood of interference by the accused persons.

    He added that the provision of the ICPC Act cited by Awomolo does not take away the discretion of the court in granting bail.