News - Court Grants Lawan, Emenalo Bail

[TGD]

 ... Impounds Their Passports

AN Abuja High Court Friday granted bail to the former Chairman of House of Representative Ad Hoc Committee on Fuel Subsidy payments, Farouk Lawan, and secretary of the committee, Boniface Emenalo.

However, the court has curtailed their liberty to move freely by confiscating their international passports.

Following the arraignment of the duo in Abuja last week on charges of criminal breach of trust and their plea of not guilty, the trial Judge, Justice Mudashiru Oniyangi, ordered that they be remanded at the Kuje Prison in the Federal Capital Territory (FCT), pending the hearing and determination of their bail applications.

They are being prosecuted by the Federal Government for collecting $620, 000 as bribe from businessman, Femi Otedola, to remove his company, Zenon Oil, from the list of companies indicted in the fuel subsidy scam.

Ruling on their bail application, Justice Oniyangi granted them bail in the sum of N10 million each and two sureties each, in like sum.                              He also directed them to submit their international passports with the court registrar, adding that they can only travel outside Nigeria with the permission of the court.

The Judge based his decision to grant bail on the discretionary powers of the court and the inability of the prosecution to file a counter-affidavit to the one filed by the accused persons, detailing their reasons for asking for bail.

Justice Oniyangi held that Section 35 (5) of the 1999 Constitution considers the accused innocent in such matter until proven guilty.

He ruled: "I have studied the submissions of counsel to parties in this matter and the court is disposed to admitting the accused persons to bail.

"The bail sum is N10 million with two sureties. The bail is, however, free but it becomes effective upon the fulfillment of the stated conditions.

"The accused persons are not expected to travel out of the country during the pendency of the trial and therefore, they are mandated to surrender their travel passports to the registrar of the court.

"The court's decision to admit the accused persons on bail is also predicated on the conviction that they would not jump bail.

"In fact, the report available to the court says they are presently enjoying administrative bail and that they have always yielded to Police invitation during the investigation."

Chief Adegboyega Awomolo (SAN), the prosecution counsel, said Lawan committed an offence contrary to Section 17 (1) of the Corrupt Practices and other Related Offences Act 2000, punishable under Section 17 (1) of the same Act.

He said Emenalo also committed an offence contrary to Section 8 (1) (b) (ii) of the Corrupt Practices and Other Related Offences Act 2000, punishable under Section 23 (3) of the same Act, but the two pleaded not guilty.

Rickey Tarfa, the counsel to the accused, on February 1, filed the bail application, urging the court to grant his clients bail on self-recognition.

Tarfa said that the accused were eminent officials in the National Assembly and had met all the 37 invitations extended to them by the Police during the investigation of the matter.

He said that the first accused (Lawan) had travelled abroad four times, while Emenalo had travelled to the United States (US) twice since the beginning of the investigation, noting that Section 35(5) of the 1999 Constitution guaranteed the liberty of the accused persons, pending the determination of the suit.

Awomolo, however, opposed the application, saying that the accused must be stopped from riding on the back of Section 35 of the 1999 Constitution.

He explained that the right of liberty of the citizens guaranteed by the provision was not absolute, adding that the offence committed was not bailable.



The Guardian