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Tag: Bail

  • We insist bail must be free – NBA

    We insist bail must be free – NBA

    The Chairman of Lagos Branch of the Nigerian Bar Association (NBA), Mr Olabisi Makanjuola, has called on lawyers to report any demands for money for bail at police stations.

    Makanjuola told NAN on Tuesday in Lagos that bail remained  free by the provisions of the 1999 Constituion.

    He said that  the branch would do everything lawful to ensure that bail remained free in Lagos State.

    He spoke on ways to maintain ethical and professional standards in the legal profession.

    He said that the Lagos Branch of NBA would ensure that demands for money for bail at police stations in Lagos State would stop.

    “Our colleagues that go to the police formations always come back to lament that, often times, money is paid to secure bail of suspects.

    “The point we are making is that it must stop; even if that is one thing we begin to get right.

    “A clarion call to everybody out there is that where any officer demands money for bail, please reach out to us, and we will draw the attention of the commissioner of police.

    “He must live up to his promise; bail is free and bail must continue to be free,” the chairman said.

    Makanjuola also said that the branch was determined to clamp down on fake lawyers.

    “In the next couple of weeks and months, the Lagos branch intends to begin to clamp down on persons who parade themselves as lawyers.

    “If any lawyer conducts himself in any manner that is improper, we ask members of the public to bring such a person to our attention; we have an ethics committee,” he said.

    Makanjuola added that the branch was committed to providing trainings for lawyers to expose them to other aspects of legal practice apart from litigation.

    He expressed confidence that the trainings would equip lawyers more and reduce ‘ambulance chasing’ and unethical conducts by some lawyers.

  • Alleged $6bn fraud: Court admits ex-minister, Olu Agunloye to N50m bail

    Alleged $6bn fraud: Court admits ex-minister, Olu Agunloye to N50m bail

    Justice Jude Onwuegbuzie of a Federal Capital Territory High Court on Thursday admitted former Minister of Power and Steel, Olu Agunloye bail in the sum of N50 million.

    Agunloye was charged with seven counts bordering on forgery, disobedience of presidential order and corruption in the suit marked FCT/HC/CR/617/22, by the Economic and Financial Crimes Commission (EFCC).

    He, however, pleaded not guilty to the charge preferred against him.

    Ruling in Agunloye’s bail application, Justice Onwuegbuzie held that the defendant had placed enough facts before the court for it to be granted bail.

    He added that bail is meant to ensure a defendant is present in court to face trial.

    He further held that bail is at the discretion of the court.

    The judge held that the court is favourable disposed to grant bail to the applicant/defendant and subsequently granted Agunloye bail in the sum of N50 million with two sureties in like sum.

    He ordered that the sureties, must be persons of means and repute who possess landed property worth N300 million and must deposit photocopies of the documents of the property as well as that of their passports with the court.

    The judge added that the sureties also have to be residents of FCT and their residences would be verified by the registrar of the court

    He further ordered that Agunloye must drop his passport with the court and must not travel out of the country without the permission of the court.

    Earlier, counsel for Agunloye, Adeola Adedipe SAN, said the former minister was not a flight risk, contrary to the prosecution’s claim to that effect.

    According to him, Agunloye had voluntarily gone to EFCC office on May 16, 2023 before the commission wrote a letter inviting him on May 19, 2023.

    He told the court that shortly after the May 16 visit to EFCC, the defendant fell ill and was admitted in a hospital, which he (Aguloye) duly notified the commission in writing and pleaded for time to enable him honour the invitation.

    According to Adedipe, the defendant filed a suit in court when EFCC’s pressure was becoming too much and also notified the anti-graft agency of the pendency of the suit, only for EFCC to later declared him wanted on December 13, 2023.

    Adedipe urged the court to grant the defendant bail in self recognizance being a elderly statesman, the pioneer Corps Marshall of the Federal Road Safety Corps (FRSC) and his ill health or in the alternative be granted bail in most liberal terms.

    Citing the Appeal Court decision on Dasuki vs DG, Department of State Service (DSS), the senior counsel urged the court not to ask the defendant to get civil servant as a surety before being granted bail.

    He further said that the provision of Section 352(4) of the Administration of Criminal Justice Act (ACJA) has cleared the apprehension of court on whether a defendant granted bail would jump bail or not.

    Responding, prosecution counsel, Abba Mohammed, urged the court to refuse bail for the defendant being a flight risk.

    He added that the court should equally discountenance the submission made by Adedipe from the Bar, urging the court to confine itself with the issues raised in affidavits and counter affidavits before it.

    EFCC equally urged the court to disregard the authority of Dasuki vs DG, DSS cited by Adedipe, arguing that using it would breach the prosecution’s right to fair hearing as guaranteed by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    Justice Onwuegbuzie however adjourned the case until Feb. 12 for hearing.

  • Court grants UNICAL professor temporary bail to undergo eye surgery

    Court grants UNICAL professor temporary bail to undergo eye surgery

    A Federal High Court, Abuja, on Wednesday, ordered the release of Prof. Cyril Ndifon, the suspended Dean of Faculty of Law, University of Calabar (UNICAL), on temporary bail to enable him to go for glaucoma surgery.

    Justice James Omotosho made the order following an application by Ndifon’s counsel, Okon Efut, SAN, which was not opposed by Osuobeni Akponimisingha, lawyer to Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    Justice Omotosho, who said he had considered Ndifon’s oral bail application, admitted him to bail in the sum of N250 million with a surety who must swear to affidavit of means and deposit his or her travel passport with the court registry.

    The judge also ordered that the bail would take effect from today (Jan. 10) to Jan. 25 when the bail application filed by the lawyer would be heard.

    The matter was consequently adjourned until Jan. 25 and Jan. 26 for continuation of trial and hearing of bail application

    The News Agency of Nigeria (NAN) reports that Efut had, on Monday, informed the court that Ndifon had been scheduled for the eye surgery on Thursday (Jan. 11).

    The senior lawyer passionately appealed to the court to admit his client to bail to enable him go for the operation for him to be able to stand his trial, but the court held that the bail application was not ripe for hearing.

    The embattled varsity don was ordered to be remanded in Kuje Correctional Centre and the matter was fixed for today.

    The development occured after the ICPC’s lawyer alleged that one of the defence lawyers, Mr Sunny Anyanwu, threatened the commission’s star witness on phone over the case.

    Justice Omotosho consequently adjourned the matter until today to hear the bail application and the affidavit of facts which Anyanwu was directed to file to give him fair hearing.

    Upon resumed hearing, Efut informed the court that he had filed a further and better affidavit to respond to ICPC’s counter affidavit to their bail application.

    He said he had also been served with Anyanwu’s affidavit of facts.

    The judge then asked of Anyanwu’s whereabouts.

    Omotosho, who wondered why Anyanwu would not have been in court, said if he had delivered the ruling based on the arguments in the last sitting, the lawyer’s name would have been mentioned and this might either affect the court decision negatively or positively.

    A lawyer stood up and informed that Anyanwu had issues with his car but was already in the court premises.

    The lawyer also confirmed that he had already filed his affidavit of facts.

    But the prosecution lawyer said he had neither seen Efut’s better and further affidavit nor seen Anyanwu’s affidavit of facts.

    “My lord, I am empty. I have not been served witb any of these applications to either respond or not. My lord the issue of service needs to be clear in the interest of justice,” he said.

    The judge then said that the bail application was not ripe for hearing.

    Efut and Anyanwu told the court that their applications were filed previous day and the bailif was mobilised For the service.

    Efut, who pleaded with the court, said he would undertake so that Ndifon could be released to him to enable him have the surgery.

    Justice Omotosho then agreed to release Ndifon to Efut with conditions.

    “I will release him to you as a SAN and attach a little condition,” he said.

    The judge, who said the matter would be given accelerated hearing, directed the ICPC to come with their witnesses in the next adjourned date.

  • Alleged N109bn fraud: Court revokes ex-AGF Idris, co-defendant’s bail

    Alleged N109bn fraud: Court revokes ex-AGF Idris, co-defendant’s bail

    Justice Yusuf Halilu of an FCT, Maitama, Abuja, on Tuesday revoked the bail earlier granted one of the defendants in the trial of a former Accountant-General of the Federation, Ahmed Idris over an alleged fraudulent diversion of public funds to the tune of N109.5million.

    The defendant, Geoffrey Olusegun Akindele’s bail was revoked by the judge following his non-appearance in court for continuation of trial.

    Akindele, who is the second defendant in the case marked, CR/199/2022, and Idris are standing trial alongside Mohammed Kudu Usman and Gezawa Commodity Market and Exchange Limited.

    The Economic and Financial Crimes Commission (EFCC) dragged them to court on a 14-count charge bordering on stealing, fraudulent diversion of public fund to the tune of N109.5 billion.

    Idris, among others, was alleged to have between Feb. and Dec. 2021, while being a public servant by virtue of his position as Accountant-General of the Federation accepted from Olusegun Akindele, the second defendant, a gratification of the aggregate sum of N15, 136, 221, 921.46, which was converted to dollars equivalent by Akindele.

    The money, according to the prosecution, did not form part of Idris’s remuneration but a motive for accelerating the payment of 13% derivation to nine oil producing states in the federation through the Office of the Accountant-General of the Federation.

    EFCC alleged they thereby committed an offence contrary to Section 155 of the Penal Code Act Cap 533 Laws of the Federation of Nigeria 1990 and punishable under the same section.

    Idris and Akindele, who was Technical Assistant to the Accountant-General of the Federation, were accused of committing criminal breach of trust while being entrusted with certain property, to wit N84,390,000,000 between Feb. and Nov. 2021 by dishonestly receiving the said amount from the Federal Government through Godfrey Olusegun Akindele, trading under the name and style of Olusegun Akindele & Co.

    By this, acccording to EFCC, the first and second defendants were alleged to have committed an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria.

    The defendants, however, pleaded not guilty to the charges preferred against them by the anti-corruption commission.

    At the resumed hearing of the matter on Tuesday, Akindele was absent in court as of the time the case was called, though Idris and Usman were in court.

    Despite pleas by counsel for Akindele, S.E. Adino that his client was on the way to court, submitting that he (Akindele) has always been in court to face trial, Justice Halilu insisted on revoking the second defendant’s bail.

    The judge held that after listening to what Adino said, when a court grants a defendant bail, such person must reciprocate the gesture by attending court for trial.

    He added that, Akindele had clearly not shown good character and conduct by his refusal to attend court.

    ” The second defendant had abuse the terms of his bail.”

    Halilu subsequently revoked his bail and ordered the FCT Commissioner of Police and the EFCC to arrest Akindele and produce him in court in the next adjourned date.

    He then adjourned the case until Feb. 1, 2024 for definite hearing.

    Earlier, the prosecuting counsel, Oluwaleke Atolagbe, had informed the court that the prosecution received a letter from counsel for Idris and did not receive any from the counsel for Gezawa Commodity Market and Exchange Limited.

    Atolagbe said despite the fact that there were competent lawyers in the office of Idris’ lawyer, none of them announced appearance for the former Accountant-General of the Federation.

    He added that he saw two lawyers from the office yesterday morning in court, saying that, “This is not fair on the prosecution. It is definitely a ploy to delay trial.”

  • FCT High Court grants ex-CBN gov, Emefeile bail

    FCT High Court grants ex-CBN gov, Emefeile bail

    The Federal Capital Territory High Court on Wednesday admitted the embattled former Central Bank Governor, Godwin Emefiele, to bail.

    The court ordered that he should be released to his counsel and must be produced in court when needed.

    The presiding judge, Justice Adeniyi, also ordered him to deposit all his travel documents with the court’s registrar

    Details to follow…

  • BREAKING: Court admits ex-CBN gov, Emefiele to N20m bail [See details]

    BREAKING: Court admits ex-CBN gov, Emefiele to N20m bail [See details]

    Justice Nicholas Oweibo of a Federal High in Lagos, on Tuesday admitted the suspended Central Bank of Nigeria, (CBN) Governor, Godwin Emefiele to bail in the sum of N20million.

    Emefiele is standing trial on a two-counts charge bordering on possession of a single barrel shot gun, as well as possession of123 rounds of live ammunition without licences

    He, however, pleaded not guilty to the charge.

    After his plea, defence counsel, Mr Joseph Daudu, SAN, who led four other senior advocates, informed the court of a bail application filed on behalf of the defendant.

    Dedence counsel told the court that same had been served on the prosecution, adding that there is a stamp of the office of the Attorney General as proof.

    But the prosecutor, Mrs N.B Jones, objected to the bail application on the grounds that she had not been served with a copy of the application.

    She informed the court that her office had been on the look out for a possible bail application of the defendant but had seen none.

    She added that since she has just been aware of the application in court, she then requires time to respond by way of affidavit, since facts have been deposed.

    Besides, she noted that since there is no sitting Attorney General of the Federation (AGF) at the moment, the defence could not have effectively served same.

    But defence counsel told the court that the prosecutor had no excuse not to proceed today in response of the bail application as same had been duly served on prosecution’s office.

    He argued that the office of the AGF is a creation of statute, and so cannot exist in a vacuum.

    He urged the court to so hold

    In a short ruling the court agreed with the submission of defence counsel, and urged him to move the defendant’s bail application.

    Moving the application, defence counsel urged the court to admit the defendant to bail as he is not a flight risk being, a reputable former Governor of CBN.

    He told the court that the defendant had been kept in custody for long and had lost so much weight and so, requires medical attention.

    Defence also informed the court that the defendant will be available to stand trial , adding that assuming the prosexutor had produced a witness, the defence would have been ready to proceed.

    He therefore, urged the court to grant the defendant bail.

    In response, the prosecutor informed the court that she wss opposed to the bail application of the defendant as he was a flight risk

    She told the court that the defendant had refused to submit his international passport which indicates such flight risk

    Besides, she also told the court that being a very influencial citizen of Nigeria, the defendant could also interfere with the case and evidences intended to be led by prosecution.

    She urged the court to refuse bail

    In his rulling, Justice Oweibo agreed with the submission of the defence counsel on the grounds that the offence for which the defendant is charged is bailable.

    The court held that bail can only be denied where any of the circumstances set out in section 162 of the Administration of Criminal Justice Act, is established.

    The court held that the prosecution has not furnished such circumstances before the court.

    The court consequently, granted bail to the defendant in the sum of N20 million with one surety in like sum

    The court held that the surety must depose to an affidavit of means. and have a landed property .

    He urged that the defendant be remanded in custody of the correctional service pending perfection of bail

    The court adjourned the case until Nov. 14 for trial

    In the charge, the prosecutor, told the court that the defendant who resides at No 8 Colorado street in Maitama Abuja, committed the offence on June 15, at No. 3b Iru close, Ikoyi Lagos.

    He was alleged to have in his possession a single barrel shot (Jojeff Magnum 8371) without licence.

    The defendant was also alleged to have in his possession, 123 rounds of live ammunition cartridges, without licence.

    The offence contravenes the provisions of sections 4 and 8 of the Firearms Act, Cap F28, Law of the Federation, 2004.

  • Court refuses bail application of BRT driver who rammed into train

    Court refuses bail application of BRT driver who rammed into train

    An Ikeja High Court has refused the bail application of the Bus Rapid Transit (BRT) driver, Oluwaseun Osibanjo, who allegedly caused grievous harm and involuntary manslaughter by running into a moving train.

    Justice Oyindamola Ogala gave the ruling on Friday in Lagos.

    Ogala in her ruling, held that the defendant’s health was stable after spending seven weeks in the Intensive Care Unit (ICU) and discharged to face trial.

    Ogala ruled that the defendant could continue to receive the care in custody.

    According to her, the medical director of the custodial centre was the only authorised person to issue a medical report that indicated the need for the defendant to get external medical care.

    She said: “The law is well settled to the effect that when in detention or custody the responsibility of affording the applicant access to proper medical facilities rests with those in whose custody he is, invariably the prison authorities.

    “It is pertinent to state that though the applicant has placed before the court an exhibit (medical report) showing his state of health, same indicates that the defendant had stayed in the hospital for a total of seven weeks and has been discharged from the ICU and fit for trial.

    “The defendant has also not shown that the correctional centre does not have the required facilities to take adequate care of him.

    “The court in its considered view finds that at this time, the instant case does not warrant the exercise of its discretion in favour of granting the defendant bail.

    “The defendant’s application for bail is hereby refused.”

    Earlier, the Defence Counsel, Mr Lekan Egberongbe, prayed the court to grant Osibanjo bail to receive medical care.

    Egberongbe said the defendant was an outstanding staff of Lagos state.

    “My lord, the defendant has promised the court that he will not jump bail, escape upon release or interfere with the investigation.

    “We pray the court to grant bail to the defendant,” he said.

    The Director of Public Prosecution (DPP), Dr Babajide Martins, however, urged the court to refuse Osibanjo bail.

    Martins argued that the defendant was a flight risk.

    “My lord, the witness may be scared of the weight of sentences the charges against him carry.

    “Moreover, there are number of witnesses against him and he may likely interfere with the investigation, if granted bail.

    “We hereby urge this honourable court to refuse the bail of the defendant,” he said.

    Two witnesses had on May 26 testified against Osinbajo.

    The defendant is standing trial on a 16-count bordering on involuntary manslaughter and previous harm, preferred against him by the state government.

    The offences contravened Sections Sections 224 and 245 of the Criminal Laws of Lagos State Criminal, 2015.

    The case was adjourned until Oct. 20 for continuation of trial.

    NAN

  • BREAKING: Afrobeat singer, Seun Kuti finally released [Watch]

    BREAKING: Afrobeat singer, Seun Kuti finally released [Watch]

    Afrobeat singer, Seun Kuti has been released from police detention.

    TheNewsGuru.com, (TNG) recalls that Seun was detained for assaulting a police officer after he surrendered himself to police last week.

    See Video below:

     

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  • Ex-NBA President, Okey Wali abducted, Maikyau SAN appeals for release

    Ex-NBA President, Okey Wali abducted, Maikyau SAN appeals for release

    The President of the Nigerian Bar Association, NBA, Mr. Chonoko Maikyau, SAN has begged kidnappers to release a former President of the Association, Mr Okey Wali who is said to be in their den.

    In a statement on Tuesday, Maikyau said “It has come to my attention that one of our respected elders and former President of the Nigerian Bar Association (NBA), Mr Okey Wali, SAN was reportedly abducted in the early hours of Monday, 17 April 2023, after his convoy was attacked along East–West Road, in Obio/Akpor Local Government Area of Rivers State.

    “Mr Okey Wali, SAN was the 26th President of the NBA and has served this nation in varying capacities, contributing immensely to the growth of legal practice and in the promotion and entrenchment of the rule of law. He is a known philanthropist who has helped in the development of his community in no small measure.

    “I, therefore, hereby plead with the abductors not to harm Mr Wali, SAN and make a passionate appeal for his release to his family.

    The NBA stands with and assures his family of our full support in this trying period, even as we join in praying for his safe return home.

    “This ugly incident is yet another sad reminder of the weakness in our security system and the failure of successive governments to live up to the Constitutional duty of providing for the welfare and security of all Nigerians.

    “We urge the Inspector General of Police and the Commissioner of Police, Rivers State Command, to leave no stone unturned as they work towards the safe release of our dear learned friend,” he stated.

  • Blessing CEO granted N10 million bail

    Blessing CEO granted N10 million bail

    A High Court sitting in Lagos State has granted bail to self-acclaimed relationship expert, Blessing Okoro, known as Blessing CEO, for alleged cyber-bullying.

    Blessing CEO was arrested by the Nigeria Police Force Criminal Investigation Department (FCID), on Thursday, over her involvement in Lagos celebrity auto dealer Ikechukwu Ogbonna, a.k.a IVD, and his late wife, Bimbo Ogbonna’s case.

    She was arraigned on a six-count charge of alleged cyber bullying, libel and for exhibiting uncensored movies.

    In a court sitting on Friday, Justice Yelim Bogoro remanded her in the custody of the Nigerian Correctional Services, NCoS, till the 30th of May for a hearing of her bail application.

    However, during the hearing of the case on Tuesday, her lawyer filed a bail application before Justice Tijjani Ringim of the Federal High Court, where she was granted N10 million bail in the absence of opposition from the prosecution, with two sureties in like sum.