Kwara perm sec, others to remain in EFCC custody – TheNigerialawyer

Four officials of the Kwara state government accused of N20.3
million money laundering by the Economic and Financial Crimes
Commission (EFCC) were Wednesday returned to the custody of the
anti-graft agency.

EFCC had last week arraigned Abubakar Ishiak (Permanent
Secretary Government House), Shina Akorede (Director of Finance and
Administration), Rasaq Momonu (Controller Finance and Accounts) and
Hafeez Yusuf (Cashier) all of government house before a Federal
High Court sitting in Ilorin, the state capital.

Abubakar Ishiak, it was gathered is due for retirement from the
Kwara state Civil Service next month.

In the charge sheet, EFCC accuse the four of making “cash
payment of N20.3 million to one Energy Multi-Trade Interbiz limited
for services rendered to the Kwara state Government House which
cash sum exceeded the limitation of N10 million payable to a body
corporate committing

an offence contrary to section 18(a) of the Money Laundering
(Prohibition) Act, 2011 (as amended) and punishable under section
12(2) of the same Act.”

The court asked them to be remanded at the EFCC custody last
week. At the resumed hearing Wednesday on their bail application,
counsel to the defendant applicants (accused) Abdulwahab Bamidele
urged the court to grant them bail pending the determination of the
allegations leveled against them.

Mr. Bamidele said “our humble application was filed May 2nd,
2019 brought pursuant to the provisions of Sections 35 and 36(5) of
the Constitution of the Federal republic of Nigeria 1999 as amended
and Section 162 of the Administration of Criminal Justice Act 2015.
The application prays for your lordship order admitting the
defendant-applicants bail pending the determination of the
allegations against them in this case.

“We also ask for order that the court may deem fit in this
circumstance. Our application is based on eight grounds; we also
have a-six paragraph affidavit to support our motion. In with the
rules of the court, we have also filed a written address as our
argument in this application.

“in response to the counter affidavit of the complainant (EFCC)
as well as written address attached thereto, the
defendant-applicants have also filed further affidavit reacting to
the counter affidavit as well as written address on point of
law.

“I crave your indulgence to adopt our written address in support
of the main application as well as the reply on point of law. I
most graciously urge your lordship to grant this application.”

Opposing the bail application counsel to EFCC Christopher
Mshelia urged the court to discountenance the bail application of
the defendant-applicants.

Rather, Mr. Mshelia prayed the court to accord the case
accelerated hearing.

He said: “By way of adumbration, we concede that the issue of
bail is the discretion of the court; however, there are guiding
principles as to how such discretion should be exercised.

Section 162 of the Administration of Criminal Justice Act 2015
does not impose an obligation on the court; rather it situates the
determination of bail to the discretionary powers of the court.

“It is an obligation on the applicants to provide sufficient
materials for the court to sway the discretionary powers in their
favour. We submit that the court should consider the nature of the
allegations against the applicants. The reasons adduced by the
applicants are too watery to warrant the exercise of the
discretionary powers of the court for bail.”

After listening to the counsel’s arguments, presiding judge,
Justice Baba Gana Ashigir reversed ruling on the bail application
till a later date.

Hearing on the substantive case has been fixed for June 23rd,
2019.

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