ABUJA — The Economic and Financial
Crimes Commission, EFCC, yesterday, docked former Chairman of the
Peoples Democratic Party, PDP, Dr. Haliru Bello, before a Federal High
Court sitting in Abuja.
Bello, a one-time Minister of Defence, was arraigned alongside his
son, Abba, on a four-count criminal charge bordering on alleged N300
million fraud.
Whereas Bello’s son was charged as the first accused person, a firm,
BAM Projects and Properties Limited, which the EFCC said was used to
perpetuate the fraud, was cited as the 2nd accused person in the matter.
The anti-graft agency alleged that the accused persons, through the
firm, withdrew N300 million from an account the Office of the National
Security Adviser, ONSA, operated with the Central Bank of Nigeria, CBN.
The fund was said to have been transferred to the accused persons by
the embattled former National Security Adviser, NSA, Col. Sambo Dasuki
(retd), 11 days to the 2015 presidential election.
Brought to court in ambulance
Meanwhile, the ex-PDP boss, who was brought to court yesterday in an ambulance, took his plea in a wheelchair.
The defendants pleaded not guilty to the four-count charge dated
December 23 but amended on December 30, 2015, even as their lawyers,
yesterday, prayed the court to okay their release on bail.
Both father and son predicated their separate bail applications on
sections 162 and 165(1) of the Administration of Criminal Justice Act,
2015, as well as sections 35 and 36(5) (6) of the 1999 Constitution, as
amended.
They told the court, yesterday, that they were ready to answer to the charges against them.
Bail applications
Specifically, the former PDP boss, through his lawyer, Mr. Abdulaziz
Ibrahim, urged the court to grant him bail on self recognition.
Bello told the court that he was still recuperating from a spinal
cord surgery he had in the United Kingdom, stressing that he was
previously granted administrative bail by the EFCC.
Besides, Bello tendered five exhibits in support of his bail motion,
among which included three photographs he took while undergoing surgery.
He also tendered medical report issued to him by the hospital in the
UK, as well as a letter his lawyer wrote to the EFCC, which indicated
his willingness to surrender himself for investigation.
According to Bello’s lawyer, “the important factor which your
lordship is enjoined to consider in granting or refusing bail is the
availability of the accused person to stand his trial.
“Here is the 3rd defendant who just had a critical spinal cord
surgery in the UK. Immediately after the surgery, he was summoned by the
EFCC. With the wound from the surgery still fresh, my client had to be
rushed to another hospital in Nigeria.
“He was brought to this court this morning straight from his hospital
bed in an ambulance. Is this the kind of person that can take a flight
if granted bail? The answer is no.
“Health condition is a serious factor to be considered. The 3rd
defendant is over 70 years old, an elder statesman who has served this
country meritoriously in various capacities.
“My lord, he is not only a former Minister of the Federal Republic of
Nigeria, but also former chairman of one of the biggest political
parties in Africa.
“We
pray this court to grant him bail on self recognition or in the
alternative, grant him bail in the most liberal terms. He has
responsible persons that are ready to stand surety for him.”
Similarly, his son, Abba, through his lawyer, Mr. O. Osoka, also prayed the court to grant him bail on health ground.
He tendered an order made by another court headed by Justice Okeke,
which he said okayed his release on bail. More so, the accused persons
contended that the charge against them are ordinarily bailable.
While Bello’s bail request was dated December 31, his son filed his motion December 30, 2015.
EFCC opposes bail applications
Meantime, the EFCC, via two separate counter-affidavits that were
deposed to by one of its detectives, Mr. Mohammed Goji, yesterday,
opposed the release of the accused persons on bail.
EFCC lawyer, Mr. Aliyu Yusuf, argued that the accused persons did not
place sufficient evidence to warrant the court to exercise its
discretion in their favour.
The prosecution urged the court to consider the severity of the
charge which it said attracts a maximum of 14 years imprisonment, as
well as the proof of evidence against the accused persons, and deny them
bail.
It argued that neither Bello nor his son adduced any evidence to show
that they would not get proper medical attention from the prison
hospital.
EFCC maintained that the accused persons, if released, have the capacity to interfere with the cause of justice.
He said: “We submit that this court has discretion to either grant or
refuse bail. That discretion must be exercised judicially and
judiciously.
“Looking at the evidence before this court, the defendant/applicants
have not placed sufficient materials to warrant the exercise of
discretion in their favour. The accused persons are facing a very
serious offence.
“On the whole, we urge, my lord, to refuse the bail application and
invoke section 19(2b) of the EFCC Act, 2004, and order accelerated
hearing of this case.”
After listening to all the parties yesterday, Justice Mohammed, reserved ruling on the matter till tomorrow.
While remanding the son in prison custody, Justice Mohammed held
that since it was not in doubt that Bello was brought to court from his
hospital bed, “the 3rd accused is hereby put under the supervision of
the Inspector General of Police pending the determination of his bail
application.”
Justice Mohammed ordered the chief registrar of the court to immediately draw the attention of the IGP to the court order.
Shortly after the ruling yesterday, the former Chairman was conveyed
back to the hospital in an ambulance belonging to Abuja clinics.
EFCC docks ex-PDP boss, Bello, son
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