N12bn currency scam: One more suspect arrested |
As lawyers returned to court for arguments on bail applications for accused persons in the two remaining N12 billion currency scam cases at a Federal High Court, Ibadan yesterday, they were told that another suspect of the Ibadan CBN syndicate, Tijani Olusoga, had been arrested and would soon appear in court with fellow accused persons.
Lead prosecutor, Mr Rotimi Jacobs (SAN), disclosed this when the last of the seven cases came up for hearing.
Six persons are standing trial for delivering only N159, 431, 7000 instead of N1,060,000,000 of mutilated currency packed in 106 boxes at the Ibadan branch of the Central Bank of Nigeria (CBN) in the case involving Tijani, according to Jacobs.
They face a 14-count charge of conspiracy and intent to defraud the CBN.
Tijani Olusoga had absconded, but Jacobs said his family yielded him to the police who handed him over to the anti-graft commission.
He, therefore, applied for leave of the court to amend the processes to accommodate Tijani.
The other five accused persons are Kolawole Babalola, Olaniran Muniru Adeola, Toogun Kayode Philip, Ajuwon Bolade and Samuel Ogbeide.
Thereafter, counsel for the five accused persons adopted their written addresses, replies on point of law and further affidavits in support of their applications for bail.
Defence counsel took a long time to make oral argument in support of their filed processes.
Counsel for the second, third and fifth accused/applicants, Mr Olalekan Ojo, was particularly resilient in proving to the court that the law does not disallow the accused to be admitted to bail in spite of the weighty offence allegedly committed.
Citing relevant references in the criminal justice system, the constitution and Criminal Procedure Act, Ojo insisted that prosecutor’s argument that the accused needed to be kept in prison, pending the determination of the cases on the ground that they were likely to jump bail was “mere jaundiced speculation and fantasy.”
He said facts to argue against bail must be backed by realistic evidence. “The prosecution must make a solid case against them,” he said.
Ojo also added that the affidavit of evidence for such argument “must descend into particulars, giving instances of interference with prosecution witnesses or credible evidence” before such argument should have weight in considering whether the accused should be granted bail or otherwise.
According to Ojo, the law does not permit a policeman to pronounce a suspect culpable because it would amount to usurping the power of the court.
Also citing relevant references, Ojo argued that the nature, weight or gravity of offence does not automatically mean that an accused should be denied bail.
On prosecution’s clam that granting them bail will run contrary to the current mood of the country against corruption and public interest, Ojo also argued that granting bail to to accused persons pending trial is of public interest because the law assumes that they are innocent until they are proved guilty.
Jacobs punctured all arguments by defence counsel who include Otunba Olayinka Bolanle and Mr Dare Adebayo.
He faulted many of their citations on the grounds of lack of relevance to the cases at hand. He also insisted that the weight of the offences and number of cases the accused face are enough incentives to make them jump bail.
He faulted the fourth and fifth defendants by reading some portions of their statements which revealed how they were allegedly exchanging boxes of huge amounts of money as proceeds from the transactions.
The accused are Ajuwon Bolade and Samuel.
In the statement, Jacobs (SAN) quoted Bolade as exchanging boxes containing N10 million notes with Samuel during which he received N160,000 in the first deal. He said the second deal failed before subsequent ones sailed through.
He urged the court to refuse them bail.
The second case, which was first taken, were Kolawole Babalola, Olaniran Muniru Aseola, Toogun Philip, Kehinde Fadokun and Olakunle Sijuade.
Counsel also argued extensively after adopting their written addresses, further affidavits and replies on point of law.
They urged the court to admit their clients to bail on liberal terms. But Jacob urged the court to do otherwise.
After listening to various arguments from counsel for all the applicants, Justice Olayinka Faji, adjourned ruling on the bail applications to June 19.
The accused persons were returned to Agodi, Ibadan Prison
-The Nation
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