Judge To Bankole: You Can’t Go Home Yet!

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Ex-Speaker To Remain In Custody Till Monday

THE Federal High Court, Abuja Division yesterday dashed the hope of immediate past Speaker of the House of Representatives, Dimeji Bankole gaining freedom as it deferred decision on his bail request till next Monday.  Instead, the trial Judge, Justice Donatus Okorowo renewed its order that Bankole be remanded in the custody of the Economic and Financial Crimes Commission (EFCC), after listening to arguments on the bail application by his counsel, Chief Adegboyega Solomon Awomolo (SAN) and the Prosecution Counsel, Mr. Festus Keyamo who objected to the embattled former speaker's request for freedom, albeit tentative.                Although Okorowo said he desired to rule immediately on Bankole's bail request, the plethora of legal authorities cited by both counsel has made it impossible to do so.          While pleading for his client, Awomolo prayed the court to admit Bankole to bail on self-recognition as the prosecution had not availed the court with adequate and compelling material evidence as to warrant it refusing the bail request.                                                                            He described as hearsays and speculative the prosecutor's claim that Bankole was planning to run to the United Kingdom before he was arrested.

Besides, Awomolo said the fear that an accused person would jump bail does not justify the denial of bail to him, adding that the world is now a global village where criminals have no hiding place.

He supported his argument with a Court of Appeal decision in James Ibori Vs Federal Republic of Nigeria.  Awomolo added that the court can only act on legally admissible evidence either orally or documentary in deciding applications before it, relying on the authority of sections 76, 86, 87 and 89 of the Evidence Act to the effect that "all facts, except the content of document, may be proved by oral evidence."

Accordingly, he urged the court to expunge paragraphs 12, 13, 14, 15, 16, 21, 22, 23, 24, 27, 28, 29 and 31, which he argued were speculative and an opinion of the despondent.

Responding, the prosecution counsel, Keyamo urged the court to refuse the bail application on the grounds that the applicant did not place sufficient materials to warrant the court exercise its discretion in his favour.

He told the court that the prosecution has established a prima facie case against the accused and that many of the paragraphs in the bail applications did not meet the requirement of law in considering bail application.

Keyamo particularly drew the attention of the court to paragraphs 5,6 and 7 of the application where the accused raised the issue of young children and aged parents as reasons for bail.

Meanwhile, the embattled ex-Speaker has raised alarm over plans by the EFCC to re-arrest him.

In a letter to the Commission by his counsel, Awomolo, Bankole said he heard from competent sources that the EFCC has perfected plans to re-arrest him immediately he is admitted to bail by the court.

Excerpts from the letter reads: "We were further informed that the Commission's operatives will re-arrest our client immediately he is admitted to bail on the ground that the Commission requires him in respect of investigations of other allegations made against him not related to the charges before the court.

"We wish to bring to your notice that the Commission, as a public authority, should not misuse the statutory power of arrest and detention. Our client has no intention to run away from this country or avoid justice."



Source: The Guardian.