Posted by By OLA AGBAJE on
Former Ekiti State governor, Ayodele Fayose on Thursday in Lagos told the court that he deserved to be granted bail having voluntarily surrendered himself to the Economic and Financial Crimes Commission (EFCC) for scrutiny.
Former Ekiti State governor, Ayodele Fayose on Thursday in Lagos told the court that he deserved to be granted bail having voluntarily surrendered himself to the Economic and Financial Crimes Commission (EFCC) for scrutiny.
Fayose is being held in prison custody following his arraignment on December 17, 2007 before a Federal High Court sitting in Lagos on allegations of money laundering and allied offences.
Arguing the bail application before Justice Tijani Abubakar, Fayose's counsel, Yusuf Ali (SAN), prayed the court to grant the ex-governor bail on liberal terms, given his exceptional conduct of voluntarily surrendering himself to the anti-graft commission. The EFCC, however, vehemently opposed the application.
Arguing the motion seeking an order to admit Fayose into bail, Ali urged the court to take judicial notice of the responsible conduct of the former governor, who, without being forced, walked to the commission of his own volition to answer whatever questions they might pose to him.
According to the counsel, 'the court should take judicial notice of the fact that some people in his shoes were declared wanted, hunted, arrested and dragged to the court." He urged the prosecution (EFCC) not to oppose the motion, given the exceptional conduct displayed by the accused.
'He went to EFCC to report himself. With that conduct, it shows that the accused would not only make himself available for trial but also be a law abiding citizen," he said.
Besides, while praying the court to exercise its discretion in favour of the accused, Ali argued that under Section 36 (5) of the 1999 Constitution and the rule of natural justice, there is presumption of innocence in favour of the accused.
He submitted that the offences preferred against his client were not serious enough to warrant denial of bail.
'Money laundering was just a generic name given by the prosecution to whatever money expended by the accused person, including money for domestic purposes. The law does not say the offences are not bailable. There was nothing in substance tied to the offence that may persuade the court to deny bail," he stressed.
The counsel contended that there was no possibility of the accused committing similar offence as the alleged offences were committed when he was in office as governor of Ekiti State, a position he no longer occupied, adding, 'he (Fayose) has even undertaking not to commit any offence if granted bail."
On the insinuation that Fayose might tamper with investigation, Ali said that it was unfounded since investigation had been concluded.
Ali further urged the court to take judicial notice of the health of the applicant as shown in the exhibit attached (medical report explaining his hypertensive status) and also his aged parents and other dependants who were suffering following his remand in custody.
Countering the motion, prosecuting EFCC counsel, Wahab Shittu, said Fayose had penchant for appearing and disappearing like spirit and as such, if granted bail he could put the trial in jeopardy.
'The fact on the ground is that at some point in time, he disappeared from public view.
No trace of his whereabouts was known and when he made a momentary appearance last year, he disappeared again.
'We are not dealing with just an ex-governor but a spirit. The letters he wrote through his solicitors could at best be described as smokescreen to give impression of his availability when he was actually underground," he said.
Praying the court to refuse the bail application, Shittu argued that although investigation could no longer be hindered, having been completed, the applicant as a former governor of a state, with immense influence could still interfere with the witnesses.
Besides, he submitted that there are other cases involving the applicant still being investigated while a capital offence is pending against him before an Ekiti State High Court.
On the attached medical report, the prosecutor contended that it did not emanate from an expert in that branch of medicine, arguing that the accused had no right to the medical facility of his choice under the law.
The court has fixed January 21, 2008 to determine the bail application.