A Federal High Court sitting in Abuja,
yesterday, admitted to bail a former
governor of Adamawa State, Murtala
Nyako, his son, Abdulaziz and two others
standing trial for alleged N40 billion money
laundering charge.
That was about three hours after the
Economic and Financial Crimes
Commission, EFCC, pleaded with the court
against exercising its discretion in favour
of the accused persons on six grounds,
including that the freedom of the accused
was a threat to its witnesses.
Private counsel to the EFCC, Mr Rotimi
Jacobs, SAN, had told the court yesterday
that two of EFCC’s key witnesses against
the accused persons had died mysteriously
after volunteering indicting statements
against the accused persons.
He gave their identities as Ma’aji
Mohammad Iro and Abdulmalik Dalhatu,
adding that they were not involved in
autocrash but just died mysteriously.
EFCC expressed fear that if Nyako and the
three others were granted bail, they might
use their positions to cow other witnesses
from coming out and that it would have
difficulty prosecuting the case.
Jacobs also argued yesterday that both
the former governor and his son, a serving
senator might jump bail if so granted,
because the duo fled the country after they
were admitted to administrative bail by the
EFCC while the matter was still under
investigation.
He said they did not get them back until
they procured a warrant of arrest from
court and declared them wanted on the
internet.
EFCC further argued yesterday that there
was a prima facie evidence against the
accused persons as investigation had
shown that former Governor Nyako
diverted public funds running into billions
of naira into private accounts of
companies belonging to them to develop
an estate in Abuja.
Expressing fear that not only the grave
offence committed by them but also the
massive and incontrovertible evidence
already piled up against them would tempt
them to bolt away, Jacobs added that
hiring 15 lawyers to defend the case was
an evidence that the accused were ready
to do anything to get off the hook anyway,
anyhow.
EFCC suggested to the court to issue an
order of accelerated hearing in the case
and hear the matter day to day instead of
releasing them to the free world and pose
threat to its witnesses.
But the trial judge, Justice Elvis Chukwu,
notwithstanding the litany of reasons given
by EFCC yesterday admitted them to bail,
albeit attached stringent conditions to the
bail.
The accused persons were admitted to bail
in the sum of N350 million each totalling
N1.4 billion with two sureties in like sum
each, one of which must be a serving
director in the federal civil service.
They were also ordered to drop their
international passports and other travel
documents in their possession with the
deputy registrar of the court if they must
breathe air of freedom.
Justice Chukwu held that the stringent
conditions were attached to ensure that
they would attend court so that trial would
not be delayed.
EFCC had, on Wednesday, arraigned Nyako,
his senator son and two other individuals
alongside four corporate persons on 37
count charge bothering on money
laundering.
Others listed on the charge sheet filed by
Yusuf Ali, acting deputy Director of Legal
and Prosecution Department of EFCC as
co-accused are: Zulkifikk Abba; Abubakar
Aliyu; Blue Opal Limited; Sebore Farms and
Extension Limited; Pagoda Fortunes
limited; Towers Assets Management
Limited and Crust energy Limited.
The accused persons however, pleaded not
guilty to all the charges.
When the matter came up yesterday,
defence counsel, Kanu Agabi, SAN, brought
an application for bail for the accused,
dated July 10 and filed on the same day.
Agabi predicated the application on
Section 118 (2) of the Criminal Procedure
Act and Section 35 of the 1999
Constitution, arguing that what the
prosecution emphasised in its opposition is
that the accused will not come for trial if
granted bail.
He said that contrary to EFCC’s fear, the
accused persons were happy to stand trial
because it afforded them a rare opportunity
to clear themselves
No comments:
Post a Comment