By Uche Bibilari
Gwagwalada (FCT) – An FCT High Court in Gwagwalada, Abuja, on Tuesday, fixes Oct. 24 and Nov. 1 for hearing in a case of alleged intent to defraud preferred against a property agent, Mohammed Bello and Danmunde Properties Limited.
Bello was re-arraigned by the Economic and Financial Crimes Commission (EFCC) on two counts of intent to defraud a client.
The defendant who was earlier arraigned before Justice O.O. Goodluck, who has been elevated as a judge of the Court of Appeal, pleaded not guilty to the charges.
Justice, Aliyu Shafa, fixed the date after his ruling on the oral bail application made by the Defence Counsel, S.A Adeniran, that the earlier bail conditions and terms granted to the defendant by the former judge should be maintained.
Shafa held that the court was not bound to abide by the earlier bail conditions granted, adding that the matter was starting “De Novo”, (anew).
“Granting or refusing bail is at the discretion of the court.
“There is nothing before the court to show or establish that the defendant will subvert the trial as this is clear by the submission of the defence counsel.
“In the instant case therefore, their is nothing really to preclude the exercise of the court discretion in favour of the defendant”, he ruled.
Shafa said that the bail granted to the defendant from the former court still stands.
Adeniran in his oral bail application prayed the court to admit the first defendant to bail pending trial on all the terms and conditions earlier given by the former court.
“The defendant has always been attending trials except on few instances when his son and father-in-law, adding that on those occasions the sureties were in court to explain.
“I submit that what should matter most should be whether the defendant would make himself available to stand his trials”, he said.
Adeniran cited Sections 158 and 162 of Administration of Criminal Justice Act (ACJA) to support his claims for bail, adding that the defiant would not jump bail.
Earlier, the EFCC, Prosecution counsel, Maryam Ahmed told the court that the defendant being the Managing Director of Danmunde properties on or about June 13, 2011 and Jan. 10, 2011 within the Abuja jurisdiction of the High Court with intent to defraud, obtained the N15million from one Mustapha Wali.
Ahmed said the defendant did this under false pretences of selling to him (Wali) a plot of land at Danmunde housing estate Mboro District Abuja.
She said that the defendant knew the land had already been sold to another person.
She said that the defendant on Jan. 19, 2011 with intent to defraud also, obtained N15million from one Babatunde Ogun under false pretences of selling to him a plot of land at Danmunde housing estate Mboro District Abuja.
The prosecutor said that the defendant committed both offences contrary to Section 1(1) (a) of the Avance fee Fraud and other Related Offence Act, 2006 and punishable under section 1(3) of the same Act. (NAN)
