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Alleged $40m fraud: Jonathan’s cousin, wife get N1bn bail

Ibrahim Ahmadu by Ibrahim Ahmadu
June 8, 2016
in Legal, News
0

 

A Federal High Court in Abuja on Wednesday admitted former President Goodluck’s cousin, Mr. Azibaola Roberts, and his wife, Stella, to bail in the sum of N500 million each.

The Roberts, who were arraigned on Tuesday, are being prosecuted over alleged payment of $40 million into their company, One Plus Holdings Nigeria Limited, by the Office of the National Security Adviser (ONSA).

Delivering a ruling on the bail applications filed by the defendants’ lawyers, Chief Chris Uche (SAN) and Gordy Uche (SAN), the court held that there was no material evidence before the court that the Roberts and his wife would jump bail or frustrate their trial.

The trial judge, Justice Nnamdi Dimgba, held that the “Administration of Criminal Justice Act (ACJA), 2015, enjoys that the bail conditions shall not be excessive.

“All things considered, I grant the defendants bail on the following terms: the defendants are admitted to bail in the sum of N500 million each, two sureties in like sum which shall in turn enter a bail bond of the sum of N500 million, the sureties must each be an owner of property in Asokoro or Maitama District of Abuja,” the judge held.

He also said the defendants will remain in prison custody till their bail conditions are met.

The suit was adjourned till June 28, July 4 and 5 for hearing.

The Federal Government on Tuesday arraigned the defendants after Roberts spent 80 days in the custody of the Economic and Financial Crimes Commission (EFCC),

After taking their not guilty plea on a seven-count charge, the trial judge, Justice Nnamdi Dimgba, remanded Roberts who is the 1st defendant in the suit in Kuje Prison till yesterday (Wednesday), pending the determination of their bail applications, while the court admitted Mrs. Roberts (second defendant) to the administrative bail earlier granted by the EFCC.

In canvassing for Roberts’ bail application, his lawyer, Chief Chris Uche (SAN), had urged the court to admit his client to bail on liberal terms.

Uche argued that offences which Roberts was charged with were bailable.

“Plea having been fully taken by the defendants, we will like to prepare for trial, and I want to apply for bail for the 1st defendant to enable us defend him.

We have filed a motion on notice dated 24 May, 2016, and filed on May 27.

This bail application which was brought pursuant to Section 36 (5) of the constitution 1999 and Administration of the Criminal Justice Act (ACJA), Roberts lawyer prayed the court to admit his client to bail in view of the “pains” Mr. Roberts had suffered in the custody of the EFCC despite a valid court order admitting him to bail.

In moving the motion, Uche submitted: “The issue of pre-trial bail is at the discretion of the court.

The alleged offences are not capital offences and are therefore bailable.

“Roberts had been in EFCC custody for this alleged offences for over two months for no reason.

“We went to court and an Abuja High Court granted him bail in the some of N10m, but the order was flagrantly disobeyed by the respondent (EFCC).

“When these orders were disobeyed, we wrote the respondent, but they refused to obey the orders.

“Roberts was whisked away to Lagos by EFCC operatives, then he collapsed in Lagos.

“The facts as they are is that his rights as a citizen have been breached.

Right to bail for a man who is presumed innocent until proven is a constitutional rights. The offences are not capital offences,” Uche averred.

In opposition to the bail application, prosecuting counsel, Aliyu Yusuf, urged the court to refuse the bail application.

Tags: jonathan
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