Ifedayo
Adedipe (SAN), counsel to Femi Fani-Kayode, former Minister of Aviation and
director of Goodluck Jonathan Campaign Organisation, yesterday told an FCT High
Court, Apo, Abuja that the Economic and Financial Crimes Commission (EFCC)
asked his client to produce $1million as part of his bail term, which he has
not been able to meet.
Adedipe
during the hearing on the violation of fundamental rights suit filed against
the EFCC told Justice Olukayode Adeniyi that Fani-Kayode was offered bail by
the EFCC but he has only been able to meet part of the conditions.
Adedipe
alleged that the remand of Fani-Kayode by the EFCC is a violation of his
fundamental human rights and his detention since May 9, 2016 is
unconstitutional as he is being held without being charged for financial crimes
against the Federal Republic of Nigeria.
He
said, “The constitution anticipates that a man may be arrested but not
necessarily arraigned as provided in the Administration of Criminal Justice Act
(ACJA).”
He
submitted that it is violating on the constitutional requirement that
Fani-Kayode has not been charged to court but being held in detention that
there is a provision in the constitution
or any law for the actions of the anti-graft agency.
Adedipe
further told the court that the EFCC said Fani-Kayode was being investigated in
connection to a company called Joint Trust Dimension through which over N800m
was allegedly transferred to the account of Fani-Kayode.
“The
applicant (Fani-Kayode) has never said he did not receive the money (N800m) in
question. He was the Director of Publicity for the Presidential Campaign
Organisation of the former president Goodluck Jonathan who paid him the money,”
Adedipe said.
Responding,
counsel to the respondent EFCC, Salisu Majidadi, informed the court that a
remand order from a Magistrate Court in Lagos has been attached to a better and
further affidavit and written address put forward before the court which they
would rely on.
“Bearing
in mind the constitutional requirement of remanding the applicant, a remand
order was acquired from a Magistrate Court on May 10 in Lagos which is attached
to the affidavit,” he said.
Justice
Olukayode, after hearing the arguments and submissions of the both counsels
adjourned till June 29, 2016, for judgment in the fundamental rights suit
against the EFCC by Fani-Kayode.
“Judgment
in this original motion is hereby reserved till 29 June 2, 2016,” the judge
held.
Source: The Guardian
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