Bankole gets bail, re-arrested

[TGD]

 Ex-Speaker, deputy on fresh trial over N40b loan

AFTER several setbacks, the bail request by former House of Representatives Speaker, Dimeji Bankole at the Federal High Court, Abuja, following his arraignment by the Economic and Financial Crimes Commission (EFCC) over alleged contract inflation was granted yesterday. But the freedom was short-lived as he was soon re-arrested by the anti-graft agency over another offence: 'Unlawful' N40 billion loan.

He was later arraigned along with his deputy, Usman Bayero Nafada yesterday before an Abuja High Court over alleged unauthorised sourcing of N40 billion loan to augment increase in salaries and allowances of members of the Lower House.                     The Federal High Court, Abuja Division, dismissed the preliminary objection raised by the EFCC against the bail request of Bankole on the ground that it was speculative and baseless.

According to the trial Judge, Donatus Okorowo, the affidavit, evidence and other materials placed before it by EFCC's counsel, Festus Keyamo in a bid to thwart Bankole's bail application did not comply with the demands of the Evidence Act and therefore failed to meet the admissibility test. Consequently, the court acceded to Bankole's application for bail in the sum of N5 million with one surety in like sum who should own a landed property in Abuja worth the bail sum.

Justice Okorowo also ordered the surety to deposit the title document to the said landed property at the court's Registry for verification as well as a recent passport-size photograph of himself and the former Speaker.

The ruling on bail followed the hearing of the application by the court last Friday. The court slated the ruling for today and remanded Bankole in the custody of the anti-graft commission pending its decision.

While arguing the bail application, Bankole's counsel, Chief Adegboyega Solomon Awomolo (SAN) had prayed the court to grant him bail on self recognition, submitting that he is entitled to it being the immediate past House of Representatives Speaker and a holder of national honour of Commander of the Federal Republic.

In reaching the decision to grant bail to the former Speaker, the court held that certain paragraphs of the counter affidavits filed by the anti-graft agency breached the Evidence Act in that they did not disclose the source of their information regarding the alleged arrangements by the former Speaker to abscond from the country through British Airways to London, and subsequently expunged the offending paragraphs from the counter affidavit and held that the EFCC failed to show why bail should not be granted to Bankole.

Consequently, the court exercised its discretion in Bankole's favour and granted him bail.

But the former Speaker was denied the benefit of breathing the air of freedom as no sooner had the Judge risen than he was re-arrested by operatives of EFCC.

Upon pleading not guilty to each of the new 17 charges, the trial Judge, Justice Suleiman Belgore ordered that Bankole and Nafada be remanded in EFCC custody pending the hearing of a formal bail application on Thursday, thus frustrating the bail earlier granted the former Speaker by the Federal High Court, Abuja.                        Among the charges against Bankole and Nafada filed by EFCC counsel, Keyamo, are:

• That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, on or about the 12th day of May, 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did agree amongst yourselves to commit a felony, to wit: criminal breach of trust by agreeing to approve the allowances and/or "running costs" of Members of the House of Representatives in violation of the approved Remuneration package for political, public and judicial office holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant revised financial regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 97(1) of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act;

•  That you Bankole and Nafada, being entrusted with House of Representatives' Account No. 00390070000018 with the United Bank of Africa (UBA) Plc, dishonestly used that account to obtain a loan of N10.38 billion from the UBA, to augment allowances and "running costs" of members of the House of Representatives;

• That you Bankole and Nafada, sometime around August 2010, in Abuja, being entrusted with House of Representatives' Account No. 00390070000018 with the UBA, dishonestly used that account to obtain a loan of N5.485 billion from the UBA to "take care of some urgent recurrent expenses" in violation of the extant revised financial regulations of the Federal Government of Nigeria;

• That you Bankole and Nafada, sometime around October 2010, in Abuja, being entrusted with House of Representatives' Account No. 00390070000018 with the UBA, dishonestly used that account to obtain a loan of N6 billion from the UBA to augment allowances and "running costs" of Members of the House of Representatives;

• That you Bankole and Nafada, sometime around November 2010, in Abuja, being entrusted with House of Representatives' Account No. 00390070000018 with the UBA dishonestly used that account to obtain a loan of N4.054 billion) from the UBA to augment allowances and "running costs" of Members of the House of Representatives;

• That you Bankole and Nafada, sometime around May 2011, in Abuja  being entrusted with the overhead account of the House of Representatives with First Bank of Nigeria (FBN) Plc, dishonestly used that account to obtain a loan of N12 billion from the bank to augment allowances and "running costs" of Members of the House of Representatives;

• That you Bankole and Nafada, being entrusted with the sum of N10.380 billion, being a loan facility obtained by the House of Representatives from UBA dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances of members of the House of Representatives; and

• That you Bankole and Nafada, sometime around August 2010, in Abuja being entrusted with the sum of N5.485 billion, being a loan facility obtained by the House of Representatives from UBA dishonestly misappropriated and disposed of the said sum.

In the charge sheet, it was also alleged that Bankole and Nafada, sometime around October 2010, in Abuja being entrusted with the sum of N6 billion, being a loan facility obtained by the House of Representatives from UBA dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and "running costs" of members of the House of Representatives; and that Bankole and Nafada, sometime around November 2010, in Abuja, being entrusted with the sum of N4.054 billion, being a loan facility obtained by the House of Representatives from UBA dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and "running costs" of members of the House of Representatives.

The anti-graft agency alleged that Bankole and Nafada, sometime around May 2011, in Abuja, being entrusted with the sum of N12 billion), being a loan facility obtained by the House of Representatives from FBN dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and "running costs" of members of the House of Representatives.

According to the EFCC, Bankole and Nafada, on or about May 12, 2010, in Abuja, did agree amongst themselves to commit a felony, to wit: Theft by agreeing to approve the allowances and/or "running costs" of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission; and that

• Bankole and Nafada, sometime around January 2011, in Abuja, did commit a felony, to wit: Theft of N10.380 billion from House of Representatives' Account No. 00390070000018 with the UBA by dishonestly disbursing the said amount to various accounts of Members of the House of Representatives without the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission.

 

 



Source: The Guardian.

[MyInfoStride]

Nothing can be so disastrous for a nation than a bad leader. I am scared about the future of Nigeria as a vibrant nation. Nobody to be trusted anymore. Where are the worthy leaders in Nigeria? None to be found yet.

Selfish interests have overridden communal interests. What they promised is far away from there deed. They do not think about the aftermath. But, it is certain that one will surely reap just what one sow...