July 3, 2008
The embattled former aviation ministers, Prof. Babalola Borishade and Femi Fani Kayode currently standing trial for the misappropriation of N19.5 billion aviation rescue fund were today denied bail again . They will remain in EFCC custody till Monday when a final ruling on their bail application is expected.
Lawyer to the Femi Fani Kayode, Mike Ozekhome had earlier pleaded with the chief magistrate to release the accused persons on bail. He told the judge that, “We filed an affidavit on 3rd of July 2008 and if there is counter-affidavit we are ready but they failed woefully in not submitting any affidavit so the court should not allow them to use the time frame to stop the application”
But in his argument prosecution lawyers for the EFCC led by Steve Odiaze said they need 48 hours before they can reply to the bail application and the application did not reach them on time. He also argued that the accused persons would interfere with the investigations if granted bail. He therefore asked the court to discountenance the application.
Ozekhome expressed shock on the attitude of the prosecution counsel on the application that these people have been detained for more than 24 hours, which violates their fundamental human rights “what I expect from my learned colleague is to discuss the issue of jurisdiction of this matter. And anybody charged with criminal offence should presumed innocent until been proven guilty by a competent court.”
Counsel to the Roland Iyayi, Eshi Momoh submitted that bail is not trial and such application can be heard by the court since it is based the courts discretion.
He pleaded with the court to grant the accused persons bail since they voluntarily submitted themselves to the National Assembly where they were arrested in the first place. “This is an abuse and disrespect to court because they were not duly investigated before they were brought to court which tantamount to subversion of constitution and they should not deprived them of their liberty”
The presiding Magistrate, Lamido Mohammed rose and adjourned the case till Monday asking all the parties to move their motion on the issue of jurisdiction.
However, a mild drama played out in court when the presiding Chief Magistrate, Lamido Mohammed asked the counsel to Economic and Financial Crimes Commission (EFCC), Steve Odiaze to walk out of the court room due to reasons he alluded to as “improper dressing”. The drama ensued when the counsel to the Third accused person, Eshi Momoh called the attention of the Magistrate to the way and manner in which the prosecution counsel appeared in court. Eshi drew the judge’s attention to Odiaze’s dressing when suddenly he raised his and said, “My Lord this is not a beer parlour, my learned colleague did not dress properly for this court and he cannot make any argument or submission, and I want your Lordship to ask him to walk out of this courtroom and dress properly” .The Magistrate who did not waste time, immediately sent Odiaze out of the court room before he was later readmitted into the court after fixing his dress, he apologized to the judge.
Lawyer to the Femi Fani Kayode, Mike Ozekhome had earlier pleaded with the chief magistrate to release the accused persons on bail. He told the judge that, “We filed an affidavit on 3rd of July 2008 and if there is counter-affidavit we are ready but they failed woefully in not submitting any affidavit so the court should not allow them to use the time frame to stop the application”
But in his argument prosecution lawyers for the EFCC led by Steve Odiaze said they need 48 hours before they can reply to the bail application and the application did not reach them on time. He also argued that the accused persons would interfere with the investigations if granted bail. He therefore asked the court to discountenance the application.
Ozekhome expressed shock on the attitude of the prosecution counsel on the application that these people have been detained for more than 24 hours, which violates their fundamental human rights “what I expect from my learned colleague is to discuss the issue of jurisdiction of this matter. And anybody charged with criminal offence should presumed innocent until been proven guilty by a competent court.”
Counsel to the Roland Iyayi, Eshi Momoh submitted that bail is not trial and such application can be heard by the court since it is based the courts discretion.
He pleaded with the court to grant the accused persons bail since they voluntarily submitted themselves to the National Assembly where they were arrested in the first place. “This is an abuse and disrespect to court because they were not duly investigated before they were brought to court which tantamount to subversion of constitution and they should not deprived them of their liberty”
The presiding Magistrate, Lamido Mohammed rose and adjourned the case till Monday asking all the parties to move their motion on the issue of jurisdiction.
However, a mild drama played out in court when the presiding Chief Magistrate, Lamido Mohammed asked the counsel to Economic and Financial Crimes Commission (EFCC), Steve Odiaze to walk out of the court room due to reasons he alluded to as “improper dressing”. The drama ensued when the counsel to the Third accused person, Eshi Momoh called the attention of the Magistrate to the way and manner in which the prosecution counsel appeared in court. Eshi drew the judge’s attention to Odiaze’s dressing when suddenly he raised his and said, “My Lord this is not a beer parlour, my learned colleague did not dress properly for this court and he cannot make any argument or submission, and I want your Lordship to ask him to walk out of this courtroom and dress properly” .The Magistrate who did not waste time, immediately sent Odiaze out of the court room before he was later readmitted into the court after fixing his dress, he apologized to the judge.
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