Why Bankole should not be Granted Bail

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.

“We therefore urge this court to refuse the application and order accelerated hearing of the substantive matter. The prosecution is prepared to be calling its witnesses day to day with a view to ensuring a speedy determination of this suit”, he pleaded.

The prosecution, via a 32-paragraphed counter-affidavit that was deposed to by one Oriogun Folajimi, its investigative officer, told the court that, “the EFCC invited the accused/applicant for interview on Thursday May 26, 2011, but he refused, neglected and ignored the invitation.

“The complainant again extended a second invitation to him on Tuesday May 31, but he again refused to honour it. Then on Wednesday, June 1, we were detailed by the complainant to personally invite the accused/applicant to the commission’s office for interview by my team.

“That in carrying out the above stated instruction, we visited his official residence located at the National Assembly Legislative Quarters, Apo, Abuja, on Thursday, June 2, to invite him but all members of my team were prevented from seeing him on his instruction by security men attached to him.

“Some members of the team left but I was however left to put in undercover surveillance to monitor the movement of the accused/ applicant. On Friday June 3, I gathered that he has left his Apo official residence for a Guest House located at Asokoro, Abuja, in order to evade our invitation and I promptly informed other members of my team and together we visited the place to personally invite him to the commission’s office for interview but were again on his instruction prevented from entering the premises by security aides on the ground that he will only appear at the EFCC office on Monday, 6th June.

“Other members of my team left but I was again placed on undercover surveillance of the movement of the accused/ applicant and around 8: am on Sunday, June 5, while carrying out my undercover assignments at the Guest House of the applicant, I was informed by a mobile Police officer attached to the applicant that the accused had concluded plans to escape from Abuja to United Kingdom by 7:00am on Monday 7th of June, flight through Lagos by a British Airline. This flight was later re-scheduled for 10: am.

“I quickly forwarded this information to the commission and other members of my team joined me at the Guest House. We made several attempts to arrest him but he repeatedly evaded arrest, continuously seeking to escape.

“We finally entered the premises of the Accused/ Applicant at about 8: 00 pm the same Sunday and promptly arrested him for interview at our office.The accused upon interrogation refused to respond to all questions put to him by me or any member of my team, only seeking ways to escape.

“The accused/ applicant have always shown his unwillingness to submit himself to investigation and/ or trial, and the offences for which he is standing trial before this court bothers on allegations of high level corruption.

“The charge is of serious nature and if convicted on all counts ,may carry punishment for several years’ imprisonment. Investigations carried out  shows that he has concluded plans to escape from the country in order to evade trial and my team is equally investigating other allegations of financial impropriety against him and I know that other charges will be filed against him.

“If granted bail, the accused may likely not present himself for trial and if free, will interfere with other investigations involving him.  It will better serve the interest of justice to refuse this application”.

After listening to arguments from both sides yesterday, trial Justice Okorowo reserved ruling on the matter till Monday, even as he further remanded him in EFCC custody.

Meantime, Bankole has raised an alarm over plans by the EFCC to re-arrest him immediately he is released on bail.
In a letter  was forwarded to the Commission by his counsel, Chief Awomolo, Bankole said he heard from competent sources that the EFCC has perfected plans to re-arrest him immediately he is admitted to bail by the court.

Excerpts from the letter reads:  “We were further informed that the Commission’s operatives will re-arrest our client immediately he is admitted to bail on the ground that the Commission requires him in respect of investigations of other allegations made against him not related to the charges before the court.

“We wish to bring your notice that the Commission as a public authority should not misuse the statutory power of arrest and detention. Our client has no intention of running away from this country or avoid justice”, it read.
Bankole is answering to a 16-count criminal charge bothering of corruption.

EFCC had maintained that the former speaker connived with other persons at large, to inflate the costs of several contracts that was awarded by the House in 2008, to the tune of about N894 million, contrary to section 58(4) (a) of the Public Procurement Act No. 14 of 2007 and punishable under section 58(5) of the same Act.

Some of the alleged illicit deals that formed the conduit pipes through which the said monies were pilfered by the accused person, includes the purchase of 400 units of 40-inch Samsung (LNS. 341) television sets, 800 units of Desktop Computers (HP Compaq dc 5700), 100 units of Sharp Digital Copier 5316, 400 units of HP LaserJet 2600N,  among others.

The EFCC equally alleged that he rigged the bid for the purchase of 3 units of Mercedes Benz S-600 cars, 2 units of Range Rover vehicles (without bullet proofs) and 400 units of DSTV systems, by refusing to follow all the procedures prescribed for public procurements in Sections 17 to 56 of the Public Procurement Act No.14 of 2007, leading to a loss of value to the national treasury and thereby committed an offence contrary to Section 58(4)(e) of the Public Procurement Act, No.14 of 2007 and punishable under Section 58(5) of the same Act.

It would be recalled that he was arrested on Sunday night by operatives of the agency who stormed his residence at the Asokoro district of Abuja barely three days after he had presided over a valedictory sitting of the 6th session of the House of Representatives, and was subsequently arraigned in court last Tuesday.

EFCC had also disclosed that it is currently perfecting two other criminal charges that it intends to file against him and some other persons it said were at large.

Meanwhile, insinuations are rife that some of the principal officers of the 6th session of the House of Representatives, who were grilled by EFCC investigators on Wednesday, may be charged to court sometime next week.

Among those that were quizzed by the anti-graft agency were Bankole’s deputy, Mallam Bayero Nafada, former House leader, Chief Tunde Akogun, Baba Shehu Agaie, Deputy Minority Leader, Sulaiman Kawu, Bello Mohammed and former Minority Leader in the House, Senator Ali-Ndume, who just won election into the 7th Senate.

They were specifically interrogated over the alleged roles they played in the mismanagement of House funds including a N10 billion loan that they secured from one of the first generation banks on behalf of the House.

A source at the commission who pleaded anonymity, told Saturday Vanguard that the anti-graft agency is presently analyzing all the statements that were made by these principal officers with a view to ascertaining those that will be charged to court alongside the former speaker.