Former deputy governor of Osun State, Senator Christopher Iyiola Omisore, who is being detained on an alleged N60 billion fraud, has filed application for an Abuja High Court to grant him bail, pending the determination of his motion on notice filed against the Economic and Financial Crimes Commission (EFCC).
Omisore, who was the Chairman,
Senate Committee on Appropriation for eight years, claimed that the anti-graft agency has detained him beyond the period allowed by law.
In a suit for the enforcement of his fundamental rights instituted by his counsel, Chief Chris Uche (SAN), the former deputy governor claimed his fundamental rights granted by the 1999 Constitution was being trampled upon by EFCC with his arrest without trail.
Operatives of the Commission arrested him on July 3.
Since then, he has not been allowed access to his family members.
Arguing the bail on notice before Justice Olukayode Adeniyi, Omisore claimed that he is entitled to bail, pending his arraignment in court for whatever offence and the determination of the suit.
Uche submitted that the warrant of arrest and the remind obtained by EFCC to arrest and detain Omisore was a mere authority and did not remove from the constitutional right of his client to bail.
The senior advocate told Justice Adeniyi that the warrant of arrest and remand was obtained long after the former deputy governor had been clamped into detention.
He said that the demand order cannot rob the court of its statutory jurisdiction to entertain application to bail and to exercise jurisdiction in favour of the applicant.
Specifically, Uche informed the court that Omisore was arrested on July 3 while the warrant to arrest and detention was obtained on July 8, a clear five days after his detention without court order.
The applicant counsel cited Section 35 of the constitution which prescribed a maximum of two days to detain and charge to court if found to have committed any offence.
Uche, therefore, urged the court to admit Omisore on bail, pending his arraignment and the court to also order for his presence anytime his matter is on
However, EFCC vehemently opposed the bail request on the ground that the warrant of arrest and the detention obtained from a law court permitted his detention for 14 days to enable EFCC complete investigation into the allegation.
EFCC counsel, Mr. Takon Ndifon, informed the court that Omisore was lawfully arrested and kept in custody because section 35 of the 1999 Constitution allows the liberty of individuals to be deprived where there is a good suspicion that a crime has been committed.
In the instance matter, the EFCC counsel submitted that hundreds of millions of naira were paid into the account of Omisore through UBA and Diamond banks by the Office of the National Security Adviser without a just cause.
Besides, the EFCC counsel also claimed that billions of naira were also paid from the National Assembly fund to Omisore’s account and that with overwhelming evidence and documents obtained from banks, the EFCC needs more time to interrogate Omisore to complete the investigation.
Meanwhile, ruling on bail application will be delivered on Friday.
