Court grants Oronsaye bail in self recognisance
(Nigeria) The trial of a former Head of Service, HoS, to the
Federation, Stephen Oronsaye, and his co-accused person, Osarenkhoe Afe, who
are being prosecuted by the Economic and Financial Crimes Commission, EFCC, for
a N2 billion fraud, witnessed a new twist July 21, 2015 when Justice Gabriel
Kolawale of the Federal High Court, Abuja, said he intended to return the case
file to the Chief Judge for reassignment.
Tuesday’s proceeding was for the hearing of the bail
applications by Oronsaye and his co-accused, who were alleged to have been
complicit in using two companies – Federick Hamilton Global Services Limited,
and Xangee Technologies Limited, for shady biometrics enrolment deals to the
tune of N2 billion.
Justice Kolawole had on July 13, 2015 released the accused
persons to their counsel and fixed July 21, 2015 for hearing of the bail
applications.
At the resumed sitting, prosecuting counsel, told the court
that it would be “extremely difficult for him to oppose the bail applications
for the accused persons”, because in his view, “the act of the last sitting, in
which Oronsaye was released by the judge was tantamount to being released on
bail” such that it might amount to a futile effort to now try to oppose their
bail applications. He said that it would be better in the instance to “focus on
the conditions that would be attached to the bail”. He further noted that in the said bail
application of Oronsaye, were already a list of sureties that could stand for
the accused person, an indication that the accused person was sure of being
granted bail.
Counsel to Oronsaye, on his own part, further urged to court
not to send his client to prison custody, as “our prisons are bad” and averred
that “bail can be granted on self recognizance”. Oluwole Aladedoye, counsel to
Afe, who also represented the third accused, Fredrick Hamilton Global Services
Limited, added that the second accused had since 2011 when investigations in
the alleged fraud began, “never fled but honoured the invitations by the EFCC.”
A third accused person, Abdulrasheed Maina, former Chairman
of the Pension Task Team, who though not listed in the charge, but said to be
at large, sent a lawyer, to deny the
allegation that he was at large.
Maina said he never got any invitation from the EFCC to
appear before it. “I came here to clear the perception that he is at large.
But EFCC, insisted that Maina had been at large. “It is a
good development. He (Maina) has not retired but he is not at his offices. He
has been in Dubai,” EFCC said.
Justice Kolawole, in his ruling, expressed the view that the
remarks of Jacobs, were in his view, “intended to intimidate the court”, which
was tacitly alleging bias on the part of the court. The judge said, “I had
wanted both defence and prosecution to come up with the terms of the bail, but
the remarks of the prosecuting counsel that he will not oppose bail were in my
view, intended to intimidate the court,” adding that, “the accused persons were
presumed innocent until the contrary is proven in a fair hearing.”
He thereafter, granted bail to Oronsaye, in self
recognisance, and ordered that his international passport be deposited with the
Chief Registrar, of the Federal High Court Abuja.
His co-accused, was however, not so lucky.
In addition to depositing his international passport with
the court, the judge granted Afe bail in the sum of N50million, two sureties
each in like sum, who must be civil servants, retired or serving, either at
federal or state government levels, not below Grade Level 16.
One of the sureties, the judge said, must have a landed
property within Abuja jurisdiction. The two sureties must produce evidence of
tax payment for the past three years and show affidavit of means in event he
jumps bail.
He gave Afe and his counsel till July 24, 2015 to meet the
bail conditions or be remanded in Kuje Prisons.
Justice Kolawole, thereafter, fixed October 5, 2015 for
mention, “to ascertain which judge will hear it.”
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