Akala, Senator Agboola, Babalola Know Fate Tomorrow

An Ibadan High Court will tomorrow rule on the bail applications involving the immediate past governor of Oyo State, Otunba Adebayo Alao-Akala, former Commissioner for Local Government and Chieftaincy Affairs, now Senate Deputy Whip, Senator Hosea Agboola representing Oyo North and Chairman of Pentagon Engineering Services, Mr. Olufemi Ademola Babalola.

Alao-Akala, Hosea Agboola and Olufemi Babalola are facing 11-count charge slammed on them by the Economic and Financial Crimes Commission, EFCC.

Their alleged offeces include awarding contracts of about N12 billion naira without budgetary provision and concealing properties in Bodija area of Ibadan, the Oyo State capital.

According to charge no I/ 5 EFCC /2011, Akala and Hosea Agboola in counts one to five are accused by the EFCC of awarding contracts of about N11.5 billion naira without budgetary provision ,concealing properties in London, America and Bodija, Ile-Itesiwaju at Old Gbagi areas of Ibadan, among others.

The trial judge, Justice Mashud Akintunde Akinfemi Abass while adjourning the case till tomorrow said that if not that the arguments were prolonged, he would have delivered his ruling on the bail application today.

The session which started at 12noon today wound up by 4:30p.m.

Justice Abass warned that nobody should influence the case before him adding, “you should, I mean all the parties in this case, let me handle the matter according to my conscience. Don’t make any attempt to influence my decision. I would order for the arrest of anybody from any quarters who makes such an attempt. No matter how highly placed, nobody can influence my decision. Enough is enough. Those concerned know themselves.”

While arguing the bail applications for the three accused persons, lead counsel to the accused persons/applicants, Mr. Mamman Osman (SAN) declared that the judge has the right to grant bail under Section 118, sub-section (2), page 138 of the Criminal Code as well under sections 33,34,35,36,37,38,39,40,and 41 of the constitution of the Federal Republic of Nigeria.

Osman, who led Nathaniel Oke, Bolaji Ayorinde, G.M.O Oguntade , all SANs, Professor Oyelowo Oyewo, Barrister Funmi Quadri and 15 other lawyers for applicants/accused persons, said that the prosecution did not have reply to the bail applications of his clients.

Osman submitted that exhibit AK 1 which is the medical report that shows that Alao-Akala needs serous medical attention had not been controverted by the prosecution.

He declared that the prosecution is appropriating and reprobating, saying in paragraph 6h of their counter affidavit, they submitted that EFCC had not completed investigation on the three accused which negated their previous position where they said they are ready for the prosecution.

While asking the court to admit his clients to bail, Osman noted that section 39 sub section 4b of the ICPC act gives the judge legal power to do so.

He notified the court that based on the fact that his clients went to the EFCC office in Abuja on invitation, they had demonstrated that they are responsible and credible persons to be granted bail, adding that the accused persons had fulfilled all necessary conditions for them to be given bail.

While opposing the bail application, counsel to EFCC, Mr. Godwin Obla, SAN, declared that the three accused could not be admitted to bail because they still have another cases, especially before the Code of Conduct Bureau and they could use their influence to jeopardise investigation if granted bail.

On the issue of not stamping the processes with official stamp, Obla declared that section 111 of the evidence act allows either the seal or the signature on such documents, saying that “if they insist on this argument we, too shall call the attention of the court to their processes which they only stamped but without signature”.

On the issue of medical report, Obla declared that it was made on October 10 this year when the proceeding was pending, and at the same time there is no clear cut address of the medical doctor that conducted the report on AK 1.

He said Akala, during his stay in EFCC’s custody did not complain of any ailment or take drugs to EFCC, adding that he was well treated and if the accused fall sick, EFCC has capable medical experts that can attend to them.

By Gbenro Adesina/Ibadan