Fayose’s Associate Gets N500m Bail

Alex Enumah in Abuja
The Abuja division of the Federal High Court has granted bail in the sum of N500m to Abiodun Agbele, an associate of Ekiti State governor, Ayo Fayose, who is currently standing trial in an allegation of money laundering to the tune of N4.6 billion.

 Trial judge, Justice Nnamdi Dimgba, in a ruling he delivered yesterday, on the bail application said the prosecution failed to show reasonable cause why the defendant should not be granted bail.

The judge, who stated that he was not convinced that the prosecution has made sufficient case why the bail application should not be granted, rejected the claim of the prosecution led by Jonson Ojogbane that the defendant will jump bail if granted.

According to Justice Dimgba, the prosecution failed to show that the defendant, if granted bail, would interfere with the course of justice or destroy evidence, a condition for which he said bail can be denied.

Justice Dimgba who held that an accused is presumed innocent until proven otherwise, stated that the purpose of bail is to provide an accused person the best atmosphere to prepare for his trial.

Parts of the bail conditions are that the defendant shall produce two sureties in the sum of N250m each, with proof of property ownership either in Abuja or Lagos. The sureties can be private businessmen or professionals and where they are civil servants, they should not hold a position less than Director.

The defendant shall also deposit his international passport with the court and can only travel outside the country upon receipt of permission of the court.
The judge added that the registrar of the court must verify the documents presented and call on the EFCC when necessary.

 Justice Dimgba also ordered an accelerated hearing of the case and that the defendant remained in prison custody until the bail conditions are met.
Agbele and three others were arraigned on an eleven-count charge bordering on money laundering by the EFCC to the tune of N4.6 billion allegedly transferred from the Office of the National Security Adviser by Col. Sambo Dasuki.

The other defendants are; Sylvan Mcnamara Ltd, De Privateer Ltd and Spotless Investment Ltd.
Before his arraignment on August 3, 2016, Agbele has been in the custody of the EFCC since June 27, 2016. Following his not guilty plea, when the charges were read to him, his counsel, Mike Ozekhome, filed an application asking the court to admit him on bail.

Ozekhome, in an eight paragraph affidavit supported by three exhibits deposed to by one Harrison Obi, urged the court to admit his client to bail on self recognition.

He argued that the prosecution in his counter affidavit failed to raise any legal issue worth addressing at all, other than bare assertion that the applicant is a flight risk that will jump bail if granted.
While noting that the prosecution have not laid any shred of evidence to support their allegations that the defendant is a flight risk, he said, the onus is on them to show that if granted bail the defendant will abscond.

The defence counsel also supported his argument with an earlier judgment by the court in which the court held that it was not enough for prosecution to make wild allegations without concrete evidence to support its case, adding that the offence is bailable.

While informing that the applicant was granted administrative bail by the EFCC, Ozekhome added that the applicant was arrested by the EFCC right in his house and his international passport has been with the commission and was even used as a condition for his administrative bail. He therefore urged the court to grant the bail application of his client.

However, objecting to the application, counsel to the EFCC, Jonson Ojogbane, urged the court to refuse the bail application on the ground that if granted bail, the defendant will jump bail. He said the applicant is a flight risk and had perfected plans to flee from the country before he was arrested.

According to him, the applicant, in conjunction with a former Minister of Defence, Musiliu Obanikoro, said to be at large colluded to move and aid the escape of Olalekan Ogunseye, a principal suspect in the case out of the country and if released on bail he will flee from the jurisdiction of the court.

The EFCC further submitted that prior to his arrest, the applicant was still in contact  with the said Olalekan and plans have also been concluded to get him out of the country by the Ekiti State Governor, Ayodele Fayose and Musiliu Obanikoro.
He therefore urged the court to refuse the bail application and instead grant an accelerated hearing.