Emmanuel Thomas I November 15, 2016
Lagos, Nigeria – Counsel to the Economic and Financial Crimes Commission (EFCC) Mr. Rotimi Oyedepo Iseoluwa battled spiritedly on Monday to convince Justice Hassan of the Federal High Court, Lagos that re- arrest in the court premises of former Minister of Aviation and Director General Jonathan/Sambo Campaign Organisation, Mr. Femi Fani-Kayode was not a deliberate act of disrespect to court order.
Fani-Kayode and two others, Nenade Esther Usman, Danjuma Yusuf and Joint Trust Dimension are standing trial on N1.5billion campaign fund allegedly diverted from the Arms deal.
He and others were admitted to bail by Justice Hassan in sum of N250 million each and a surety in like sum who must have landed property in choice areas in Lagos. They were also to deposit their passport photographs with the court.
But at the hearing on Monday, Fani-Kayode was not in court. His counsel, Wale Abiodun told the court that he had informed the court in October 21 that there was a plot by the EFCC to re-arrest his client(2nd defendant) who was on bail but that the prosecuting counsel to the EFCC, Oyedepo had told the court that he was not aware of any such move.
He argued that true to what he anticipated, Fani- Kayode was arrested that same day in the premises of the court immediately after stepping out and whisked to EFCC office in Lagos and later to Abuja where he was put on trial on 5 count charge involving N26 million.
He told the court that though his client has been granted bail, he is yet to perfect bail and was this morning moved to Kuje Prison pending perfection of bail.
Wale Abiodun told the court that his client who is on bail was arrested without any arrest warrant and that he met with Head of the EFCC team and demanded for his client’s arrest warrant but that he was told that the arrest was based on order from above.
He added that his client was thereafter kept in detention for 21 day in flagrant disobedient to court order before he was brought before Justice Soho on a 5 count charge, bothering on N26 million.
He argued that the development was nothing but a big slap on the court.
“In view of the situation, we are helpless. We would have loved him to be here to continue the trial”, he said and condemned in strong terms the style adopted by prosecution which he said is out of tune with the dictates of democracy.
In his argument, Chief F.O Obi(SAN) told the court that due process is what keeps the judicial system and the country together. “There must be respect for due process. If you undermine due process in the situation we are today, we are finished”, he said. He also prayed the court to transfer the matter to Abuja so that all the charges will be consolidated for convenience.
The defence team, KC. Uwafor also argued that what the EFCC ought to have done was to issue a summon for their client to appear before the court in Abuja since they know his whereabouts.
In his argument, the prosecution told the court that there is nothing wrong for the EFCC to proffer a different charge against the defendant and that the defendant has never reported any infraction of his fundamental human rights while in custody of the EFCC. But that he was re-arrested because he refused to appear before the court. He said the 2nd defendant was re-arrested on Friday but was served with papers to appear before the court on Saturday, October 22, 2016.
He said the 2nd defendant was not subsequently re-arrested based on charges before Justice Hassan and pleaded for his lordship not to be angry with the EFCC.
Justice Hassan has fixed December 12 to rule on the matter.
