The Economic and Financial Crimes Commission, EFCC, yesterday, pleaded a Federal High Court in Abuja, to dismiss the bail application that was filed before it by the embattled former Speaker of the House of Representatives, Dimeji Bankole, insisting that the applicant, if free, will interfere with other investigations involving him.
The anti-graft agency stated this on a day the accused person, implored the High Court to take cognizance of his antecedents and grant him bail, vowing that he would be available for the continuation of his trial.
Bankole, through his counsel, Chief Adegboyega Awomolo, SAN, begged the trial judge in the matter, Justice Donatus Okorowo, to consider the well being of his two kids and aged parents, and order his immediate release from the custody of the EFCC, just as he described all the allegations that were leveled against him as baseless.
Arguing a 20 paragraphed affidavit he filed in support of his motion for bail, the former speaker relied on a Court of Appeal decision in James Ibori Vs Federal Republic of Nigeria as well as Supreme Court decision in Bamiyi Vs State, reported in the 8-NWLR, to insist that fears expressed by the EFCC that he would abscond from the country, was not enough reason for the court to deny him bail.
According to his counsel, Awomolo, SAN, “the fear that an accused person will run away is not a reason to deny him bail as jumping bail also has its own criminal consequences. The world is now a small global village where criminals have no hiding place.
“Going by the provisions of section 86, 87, 88 and 89 of the Evidence Act, a court can only act on legally admissible evidence whether oral or documentary. EFCC’s allegation that a security aide to the accused person informed it about his plans to abscond to the United Kingdom before he was arrested, offends the provisions of the Evidence Act as the prosecution failed to state the name of that security aide”, he argued.
Consequently, he pleaded the court to expunge paragraphs 12, 13, 14, 15, 16, 21, 22, 23, 24, 27, 28, 29 and 31 of the counter affidavit that was filed by the EFCC in opposition to the bail application, maintaining that they were speculative .
In his response, the prosecuting counsel, Mr Festus Keyamo, urged the court to refuse the application in its entirety, stressing that the accused failed to place sufficient materials capable of swaying the discretion of the court in his favour.
Keyamo insisted that there was enough prima-facie proof of evidence linking the accused person to the alleged crime, adding that he (Bankole), even made his matter worse by citing the case of James Ibori.
“It is ridiculous that the accused person has placed reliance on the case involving James Ibori. This is a very bad case for him because Ibori eventually ran away to Dubai thereby proving the fears that EFCC earlier expressed before the trial court.
“Even at that my Lord, Ibori’s case at that point in time was an alleged fear that he would jump bail, but we are categorically saying that it is a reality that the accused person in the instant case, Bankole, will run once he is released on bail.
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