2 Lawyers Battle EFCC For Speaker’s Bail

Two lawyers, Barrister Biodun Onidare and Prince Tunde Akinrimisi representing the Speaker of the Lagos State House of Assembly, Mr. Sabit Adeyemi Ikuforiji and his personal Assistant, Oyebode Alade Atoyebi, this morning filed two separate applications before a Federal High Court in Lagos seeking to set aside the ruling of the court calling for the arrest of the speaker and his aide.

In the notice of appeal filed by Onidare, he urged the court to set aside a bench warrant issued for the arrest of the appellants and also an order transferring the matter before another judge of the Federal High Court for arraignment and trial.

The counsel stated in his grounds of appeal that the learned trial judge erred in law and violated the appellants’ rights under sections 35 and 36 of the 1999 constitution when he ordered that a bench warrant be issued against the accused persons to compel their appearance before the court when they have not been served with any criminal summons or a criminal charge preferred against them.

It was further stated that the Economic and Financial Crimes Commission, EFCC, filed a 39-count charge against the accused persons on 10 November, 2011; on 7 December, 2011, the EFCC filed an amended charge containing 20 counts. The appellants were never served with any summon or the amended charge to enable them appear before the court for arraignment.

And when the matter came up before the learned trial judge on 9 December, 2011, the prosecutor informed the court that he was informed by an unnamed person that the accused persons failed to report at the EFCC office that morning, consequent upon which the prosecutor applied for the issuance of a bench warrant and apprehension of the accused persons.

In view of the fact that execution of a bench warrant against the appellants will deny them their liberty, the learned trial judge ought to have satisfied himself that the appellants have been served with the charge or criminal summons to appear before the court on that day before issuing the bench warrant.

In view of these, he submitted that the order made by the judge was a violation of the rights of the appellants as guaranteed by the constitution.

He contended further that by virtue of section 36 (5) of the constitution, the appellants are innocent of the charge against them until they are convicted thereof.

The adjournment of the arraignment to 17 January, 2012 after making the order implies that the appellants will be arrested and kept in custody for a period of over 30 days when they have not been convicted of the charge against them, he added.

In another suit, Akinrimisi on behalf of the Speaker and his PA, urged the court to discharge the order of arrest made by the court and grant bail to the accused persons. He also wants the court to restrain officials of the EFCC from detaining the accused persons.

In the affidavit in support of the bail application sworn to by a legal practitioner, Bosun Osifowora, the deponent averred that when the speaker was invited by the EFCC via a telephone call on 8 December, 2011 he was presiding over affairs of the state House of Assembly. “He was never given any reason for the invitation neither did the EFCC reacted to the text message sent in relation to his inability to immediately honour the invitation because of his official engagement. The Speaker has always made himself available to the EFCC,” he averred.

He therefore urged the court to admit Ikurofiji on bail.

No date has been fixed for hearing of the bail application.

— Akin Kuponiyi