Posted by By Abimbola Akosile on
Mrs. Amaka Anajemba, 2nd accused person in an advance fee fraud a.k.a. 419 trial involving a sum of $242 million, has filed a five- ground appeal against a ruling delivered by an Ikeja High Court judge, Justice Olubunmi Oyewole concerning her request for bail pending determination of the 98-count charge against her at a trial, which is expected to commence on October 4, 5, and 6th.
Mrs. Amaka Anajemba, 2nd accused person in an advance fee fraud a.k.a. 419 trial involving a sum of $242 million, has filed a five- ground appeal against a ruling delivered by an Ikeja High Court judge, Justice Olubunmi Oyewole concerning her request for bail pending determination of the 98-count charge against her at a trial, which is expected to commence on October 4, 5, and 6th.
In a forty-five minute ruling delivered on Thursday, August 19th, Justice Oyewole had refused and dismissed bail applications filed by Anajemba, Chief Emmanuel Nwude, and Mr. Nzeribe Edeh Okoli, when he held that there was indeed prima facie evidence against the accused applicants, which could possibly induce them to evade trial.
The judge had declared that there was no absolute and unlimited guarantee of liberty. Necessary demands of good governance and orderliness in society cannot allow it; and had instead insisted on accelerated trial in the matter.
In her appeal, Anajemba had claimed the court erred in concluding that it has discretional powers to refuse to grant bail despite express provisions of Section 35(4)(a) of 1999 Constitution; and by relying on affidavit evidence which were all allegedly disputed by the appellant.
She claimed court also erred in law in failing to observe that right of an accused person to bail rested in him pursuant to Section 35(4)(a) cannot validly be derogated from, altered, or modified by any law, including a law enacted by National Assembly or State counterparts. To her, the decision of the court to refuse to grant bail to her and others was unreasonable, and cannot be supported having regard to the evidence and materials before the court.
Accused persons were re-arraigned in a de novo trial in Lagos on Friday, July 23rd by the Economic and Financial Crimes Commission (EFCC) for their alleged involvement in a $242 million Advance Fee Fraud a.k.a. 419 scam, following an Abuja High Court dismissal of the former 86 count charge brought against the accused persons, allegedly for lack of jurisdiction since the offences were committed within Lagos jurisdiction.
Even though accused persons' counsel had relied on Section 35(4) (a) of 1999 Constitution on right to liberty pending trial, Justice Oyewole had affirmed that the 95-count charge against the suspects were serious and attracted severe punishment upon conviction.