Posted by From GODWIN TSA Abuja on
After spending nine days in the custody of the Economic and Financial Crimes Commission [EFCC], two former Aviation ministers, Professor Babalola Borishade and Chief Femi Fani-Kayode have been released on bail by an Abuja Chief Magistrate Court. However, they are to deposite the sum of N50 million each and sureties in the like sum.
After spending nine days in the custody of the Economic and Financial Crimes Commission [EFCC], two former Aviation ministers, Professor Babalola Borishade and Chief Femi Fani-Kayode have been released on bail by an Abuja Chief Magistrate Court. However, they are to deposite the sum of N50 million each and sureties in the like sum.
Also granted bail are the former managing director of the Nigeria Airspace Management Agency (NAMA), Captain Rowland Iyayi and the Austrian contractor, George Eider.
They are, however, to spend the night in the custody of the EFCC for their inability to fulfill their bail conditions.
The Chief Magistrate Court which gave its ruling by 6.15pm reserved its reasons till the adjourned date fixed for September.
Speaking shortly after the court session, Chief Fani-Kayode said his trial has exposed the government of President Umaru Musa Yar' Adua as lawless.
According to him, 'this government is not practicing rule of law as it claimed as manifested in my trial."
In his reaction, Professor Borishade said his trial would prove his innocence of the crime as he did not steal any money as alleged.
The accused persons are facing trial over offences of criminal conspiracy, breach of official trust and misappropriation of Federal Government fund to the tune of N19.56 billion.
Before they where granted bail, the accused who were arrested at the National Assembly complex by the EFCC had spent nine days in the custody of the anti- graft body.
They were arraigned before the Chief Magistrate Court last week Wednesday but denied bail on grounds that they did not come by a formal application, as well as sworn affidavits.
The road to their freedom started soon after they were arraigned before the court but became pro-longed by the decision of the court that they must come formally.
At yesterday's proceedings, their bail applications were moved with the prosecution counsel objecting to it.
Earlier, counsel to Fani-Kayode, Chief Mike Ozehome, urged the court to admit his client to bail on the premise that the offence against him was ordinarily bailable and that no sufficient material have been placed before the court by the prosecution to show why bail should not be granted to him.
He told the court that the trail of his client was politically motivated and amounted to persecution and witch-hunting because the EFCC was under undue pressure to prosecute him.
Besides, it was his contention that as at the time of the alleged offences, his client was not yet a public officer or minister and so could not have breached official trust.
He told the court that the alleged offences were committed six months before Fani-Kayode became a minister and could, therefore, not have been part of the crime.
On his part, counsel to Professor Borishade, Mr. Bankole Akamolafe brought his bail application pursuant to section 341[2] and 342[1] of the Criminal Procedure Code [CPC] and section 6[6][b], 35[1][4][5] and 36 of the 1999 Constitution and asked the court to grant his client bail on self-recognizance.
Arguing his application, he submitted that the offence for which Borishade is being tried is bailable.
Besides, he moved the court to take into consideration the provisions of section 36(5) of the constitution, which, presumes an accused person innocent until proven guilty.
It was his submission that the court should take judicial notice of the fact that his client has never been tried for any offence nor convicted of any criminal offence before.
Counsel to Iyayi, Muiya Akinboro, aligned himself to the submissions of Ozekhome and Akamolafe to urge the court to refuse the objections of the prosecution counsel and to release his client on bail.
He told the court that the EFCC acted on rumours to arrest and arraign the accused persons to court and urged the court not to allow itself to be used as a vehicle of injustice by releasing the accused persons on bail.
In opposing their bail application, counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Steve Ehi Odiase, Senior Detective Superintendent told the court that full scale investigation into the matter is still on and the accused persons being heavy-weights with a lot of money and influence have the undoubted capacity to escape trial and interfere with the course of justice if granted bail.