Alleged N2bn Fraud: Maina’s request for bail variation suffers setback

The former chairman of the defunct Pension Reform Task Team
Abdulrasheed Maina; and his son, Faisal, are to remain in Kuje
Correctional Centre, Abuja, till January 2020.

Justice Okon Abang, who gave the order on Wednesday, adjourned
hearing on Abdulrasheed’s bail variation application till January
13, 2020; while Faisal’s trial continuation was adjourned till
January 20, 2020.

Earlier on Wednesday, Justice Abang had said that though it
would not be convenient for the court to take trial, bail variation
arguments would be taken.

EFCC’s counsel, Mohammed Abubakar, however, said he was ready
for trial continuation and that the next witness was in court.

On his part, Abdulrasheed’s lawyer, Mohammed Monguno, reminded
the court of the pending application filed on Dec. 6 for bail
variation.

Abubakar therefore urged the court to adjourn hearing on the
bail variation application because the defence had just served on
him its further affidavit the same day.

“We apply that the hearing be adjourned to enable us react to
their further affidavit,” he said.

Monguno, who described the motion as “simple application,” said
the call for the adjournment was to delay proceeding.

“We were the ones who filed further affidavit in response to
their counter affidavit.

“We urge Your Lordship not to grant their prayer because it is
an attempt to delay this matter,” he said.

Deborah Apete, Counsel to Maina’s company, Common Input
Investment Limited, adopted the submission of Monguno, saying “the
motion is ripe for hearing.”

Abubakar, in his argument, said that Maina’s application was
brought relevant to provision of ACJA and 1999 constitution.

He, however, said that there was no provision in ACJA or the
constitution that precludes ones from filing further
counter-affidavit in reaction to further affidavit filed by the
applicant.

“What the first defendant filed was a further and better
affidavit.

“Section 36 of 1999 Constitution affords us the right to file
further counter-affidavit,” he said.

Abubakar said Maina’s application was filed on Dec. 17 but they
deliberately served him Dec. 18 in order to deny EFCC the right to
fair hearing by way of responding to the further and better
affidavit.

“We urge Your Lordship to discountenance the learned senior
counsel’s plea,” he added.

Ruling, Justice Abang acknowledged that he had already signified
intention to take the application.

He, however, said that there was no provision of ACJA stopping
the prosecution from filing further counter-afdidavit.

“What is fair is fair in both civil and criminal proceeding.

“I think the law allows the prosecution to file a further
counter-affidavit,” citing Denis Amadi and Ozor Mbachi 2016 case in
which the Court of Appeal overruled his decision.

The judge then adjourned taking the bail variation application
till Jan. 13, 2020, while he adjourned the trial continuation till
Jan. 14, 15, 16 and 17, 2020.

Also, Justice Abang adjourned the trial continuation of Faisal
till Jan. 20 and 21, 2020.

The judge said it would not “be convenient for the court to take
further trial today.”

He said the date would also be to cross-examined the second
prosecution witness.

NAN recalls that Justice Abang had, on Nov. 25, admitted
Abdulrasheed Maina to a bail in the sum of N1 billion.
The judge, who gave the ruling, also ordered that Maina must
produce two sureties who must be serving senators.

The two lawmakers, according to the judge, must not be standing
any criminal trial in any court in the country.

He also ruled that the two sureties, who must be prepared for a
N500 million bond each, must always be in court with the defendant
at each adjourned date.

Abang also admitted Faisal Maina to a bail in the sum of N60
million on Nov. 26.

The judge, who gave the ruling, also said the defendant should
produce a surety, who must be a member of the House of
Representatives in the like sum.

However, both of them had been unable to meet the bail
conditions.

In the last adjourned date Justice Abang granted Faisal’s plea
to be transferred to Kuje Correctional Centre from Police Tactical
Squad, Asokoro.

(NAN)