ABUJA (Sundiata Post) – The High Court of the Federal Capital Territory sitting in the Gudu District, Abuja has (today, May 10, 2017) turned down an attempt by the Economic and Financial Crimes Commission, EFCC, to stall the bail application of the former minister of the Federal Capital Territory, Senator Bala Mohammed.
That was sequel to a six-count charge slammed on the former minister over alleged gratification, abuse of office and conspiracy. The former minister pleaded not guilty to all the charges.
Then entered the legal fireworks when prosecution counsel, Prince Ben Ikani shocked the capacity-filled court house as he made frantic efforts to stop the court from hearing the application for bail even before it could be moved and argued by the former minister’s lead counsel, Chief Chris Uche (SAN).
Ikani had asked the court to adjourn the hearing of the bail application to a further date, saying that he needed more time to respond to the issues raised therein.
But Uche would not take any of that as he vehemently opposed the application for adjournment and urged the court to proceed with the hearing of the motion. Wondering why the EFCC was shying away from addressing the matter, he argued that the issues raised in the bail application were within the knowledge of the prosecution as they form the subject matter of the charge which had not changed since last year.
In his ruling, Justice Abubakar Talba rejected the EFCC’s application for an adjournment on the ground that the prosecution did not place sufficient materials before the court to enable it exercise its discretion in its favour.
He cited a plethora of case law to hold that adjournments are discretionary powers of the court.
While moving the bail application which was brought under section 35(1) & (4) and 36 (5) and (6) of the 1999 constitution and section 158, 162, 163 & 165 of the Administration of Criminal Justice Act 2015, Uche had urged the court to release his client on bail pending his trial.
The legal luminary submitted that the alleged offences were bailable and drew the attention of the court to the fact that his client had earlier been arrested, detained and investigated by the EFCC in connection with the account of his tenure as minister of the FCT, in respect of unsubstantiated allegations of conspiracy, abuse of office and money laundering, and had been in its custody between October 24, 2016 and December 9, 2016.
He told the court that a High Court of the FCT had in November 29, 2016 released the former Minister on bail and he was subsequently arraigned before this same court on five court charge, which was later withdrawn by the EFCC.
The defence lawyer further submitted that his client has a good defence to the charge as he did not commit any offences whatsoever, and is prepared to stand trial and offer his defences to the allegations, which he strongly believes are politically motivated.
Pressing his case for bail further, Uche disclosed that Senator Bala Mohammed has a very serious health condition with a long history of lung collapse and disorder, and noted that his health situation deteriorated seriously while he was in custody of the EFCC. In his supporting affidavit, he averred that any further detention, pending trial, will further worsen the already deteriorated health condition, which is currently under observations by a United Kingdom Hospital.
In opposing the bail application, the prosecution counsel, Ikani urged the court to refuse the bail application on the grounds that some of the paragraphs offended the provisions of section 115(1) (2) of the Evidence Act.
He further argued that if granted bail, the defendant may not be available to stand trial since some of the offences attract a prison term of five years.
Ikani further urged the court to refuse the application in view of the prevailing circumstances in the country. In the alternative, he urged to court to attached stringent conditions to his bail.
Justice Talba after listening to submissions by both counsel, adjourned his ruling to Friday May 12, 2017, in view of his crowded cause list.
Consequently, he ordered that the former minister be remanded in prison custody pending his ruling on his bail application.