An FCT High Court on Thursday slammed a N50 million bail on Abiodun Agbele, an ally of Governor Ayodele Fayose of Ekiti State.
The court also ordered the Economic and Financial Crimes Commission (EFCC) to pay N5 million to Agbele for violating the applicant’s fundamental human rights to personal liberty.
Agbele was arraigned by the EFCC for alleged money laundering of N1.2 billion from the Office of the National Security Adviser.
The judge, Justice Olukayode Adeniyi, ordered Agbele to produce one surety in like sum.
Adeniyi said that the surety shall be a public officer of director level of the Federal Republic of Nigeria who must be resident within Abuja.
He said the surety must be a responsible Nigerian resident within Abuja and own landed property within the Municipal Area Council.
He added that the surety must also show evidence of tax payment for a period of three years.
The court said that Agbele must deposit his international passport with the court registrar.
Adeniyi also ordered EFCC to release all the applicant’s personal properties seized within a period of 21 days.
He said that the era of imposing onerous bail condition which tantamount to no bail at all was gone and expressed surprise that the respondent which granted administrative was opposing the bail.
“Time has come for the security agencies in this country to embrace the best practices as is obtained in the civilised countries where a person suspected to have committed an offence is not apprehended until investigation is concluded and the matter is ready for prosecution.’’
Agbele’s counsel, Chief Mike Ozekhome (SAN), had challenged the breach of his client’s fundamental human rights by the EFCC.
Ozekhome told the court that the application, dated July 11 was supported by 33-paragraph affidavit, and another nine paragraph affidavit of urgency.
He said that EFCC operatives had detained his client since June 27, and prayed the court to award N500 million as compensation for his unlawful detention.
The applicant’s counsel argued that it was wrong practice by EFCC to detain suspects before beginning to look for evidence or commence investigation.
According to him, his client should have been arraigned within 48 hours after his arrest as stipulated by Section 35 (5) of the 1999 Constitution (as amended).
He said that Agbele was granted administrative bail with stringent conditions and EFCC renewed his detention after the given grace period of 14 days lapsed.
But EFCC’s counsel, Mr Andrew Akoja, while opposing the bail application, argued that the issue of breach of fundamental rights did not arise at all.
Akoja said that the applicant was granted bail, which he did not perfect, and could jeopardise investigation and possibly flee outside the country if the court grant him bail.
Justice Adeniyi also lambasted security agents, especially the EFCC for imposing stringent conditions on suspects in the name of granting administrative bail, adding that the stringent conditions violated sections 30-33 of the Administration of Criminal Justice Act ( ACJA) 2015.
The Judge wondered the EFCC, which claimed that it granted administrative bail to the applicant turned around in the court and rigorously objected to the plea of the applicant for a court bail in line with constitutional provisions.
“Time has come for security agents, especially the EFCC, to learn how to employ the best standard practice in the discharge of their duties”.
