Court bails are accused persons’ right, judge tells EFCC

Justice Gabriel Kolawole of the Federal High Court, Abuja, has told the Economic and Financial Crimes Commission (EFCC) that bails being granted Nigerians accused of wrong doings by government are matters of rights and not privilege.
The judge said contrary to the impression of the anti graft agency, bails are granted to accused persons to enable them prepare for their defense and have the opportunity of coming to court unhindered as stipulated by law.

Justice Kolawole’s remark came following the opposition by EFCC to the bail of a legal practitioner Mr. Edidiong Ididiong charged with criminal offence by the federal government.
The judge said  the position of EFCC has no place in law, because the body, EFCC had, on its own volition, admitted the defendant to administrative bail during investigation.
Lawyer Ididiong who is accused of money laundering to the tune of about N4billion, is an ally of former National Security Adviser (NSA) Col. Sambo Dasuki (rtd).

The court dismissed the vehement objection of the EFCC to the bail application of the lawyer for being unmeritorious and held that the defendant was entitled to bail by law.
Ididiong and two others were arraigned on 11-count charge bordering on possession and control of monies from accounts of the Office of the National Security Adviser (ONSA) without contract award.
The involved sum was alleged to have formed part of proceeds of unlawful activities upon which the former NSA.
The alleged offence was said to be contrary to the Money Laundering Prohibition Act and punishable under the same Act.
When the matter came up, the defendant pleaded not guilty to the charges along with Moortown Global Investment and African Cable Television Limited who are second  and third defendants respectively.
Shortly after the denial of the charges, the prosecution counsel, Mr. Larry Aso, sought to commence the trial.
The defense counsel, Mr. Paul Erokoro (SAN), however objected and instead applied for bail of the defendant.

In moving the bail application, Erokoro, said the defendant was by provision of section 36 and 35 of the Constitution and also sections 158, 162, 163 and 165 of the Administration of Criminal Justice Act (ACJA) 2015 entitled to bail to enable him prepare for his defence in the trial.
Erokoro submitted that  the defendant had in good faith been showing up in court since October 26, 2016 before he was formally charged and will not do anything to jeopardize the trial and his integrity as a well-known lawyer.
The counsel informed the judge that a sister involving his client is coming up on January 23 and that the defendant had been granted bail in the matter.
He urged the court to extend the bail in the sister case to his client adding that he cannot interfere with a completed investigation.

In a strong opposition to the bail, the EFCC counsel, filed a 26-paragraph counter-affidavit and urged the court to deny the defendant bail in the interest of justice.
Larry also said, allowing the defendant to go on bail will jeopardize the trial and that the defendant has refused to comply with section 15 of the ACJA by refusing to submit himself for bio data assessment after he was granted bail in a sister case.
In his ruling, Justice Kolawole held that by law, the defendant is entitled to bail in a bail able offence based on the existing legal precedent.
He dismissed the objection of EFCC to the bail application for lacking in merit adding that the defendant, being a legal practitioner is ordinarily entitled to bail.
Trial in the matter has been adjourned till February 9, March 9, and April 11, 2017.