allAfrica.com: Nigeria: Court Threatens to Revoke Order On Iyabo's Arraignment (Page 1 of 1)

AN Abuja High Court yesterday threatened to revoke its order stopping the arraignment of Senator Iyabo Obasanjo-Bello in connection with the N300 million scam at the Federal Ministry of Health if she further delayed the adoption of written arguments on the competence of the charge preferred against her by the EFCC.

The threat followed the alarm raised by the EFCC in court to the effect that the Senator wanted to delay determination of her application challenging the competence of the charge preferred against her in order to frustrate her arraignment next Monday alongside 12 others.

Both parties had been ordered last week by the court to file written briefs on two applications filed by the plaintiff to stop her arrest and arraignment over the N300 million scam.

Last Monday was fixed for the adoption of the written briefs. But when the matter came up, EFCC asked for extension of time within which to file its brief, having filed it five days late.

Because EFCC defaulted, counsel to the plaintiff said there was no way they could file their own and asked for 24 hours extension of time.

The court granted their request and fixed yesterday for the adoption of written briefs, only for plaintiff's counsel to ask for further extension of time to file her written brief.

According to Mr Bankole Akomolafe from Chief Afe Babalola's Chambers, a draft copy of the brief was ready but his principal wanted to vet it before filing it in court.

He asked for an adjournment till tomorrow when he hoped he would have filed his papers. His request provoked EFCC's counsel, Mr Binang, who alleged that Senator Obasanjo-Bello wanted to frustrate her arraignment in court next Monday.

He said though he was not opposing the request for further extension of time, if the court would not be able to determine the applications by Iyabo stalling her arraignment, he would want the court to revoke its earlier order to the effect that she could not be arraigned until the determination of her applications.

Although, plaintiff said EFCC lacked the moral right to accuse her of delaying determination of her application when it was the EFCC that defaulted in filing its briefs on time.

The Economic and Financial Crimes Commission had asked the Abuja High Court to dismiss the application filed by Senator Iyabo Obasanjo-Bello seeking to stop the anti-graft agency from arresting and arraigning her.

The commission is pushing for her trial for illegally holding on to N10 million of the N300 million Ministry of Health's unspent fund.

In a brief of argument filed by EFCC's counsel, Binang, in response to Obasanjo-Bello's argument that she could not be compelled to appear in court until her application to stop the commission from arresting her had been heard, EFCC said granting her application would turn her to an outlaw.

The commission said granting plaintiff's application would lead to a state of general breakdown of law and order.

"If the current trend of rushing to court for injunctive orders restraining criminal prosecution by some powerful individuals is not quickly halted by this honourable court, then Nigeria shall soon be witnessing a situation where armed robbery and murder suspects will obtain orders to restrain the Police from arresting, investigating and prosecuting them.

"After all, they too are entitled to secure the enforcement of their fundamental rights under the rule of law," he said. The commission agreed that citizens were entitled to their rights under the law, but added that such rights were not absolute.

It stated that if there was a reasonable suspicion that a person has committed an offence, his liberty might be tampered with.

"It is in the interest of justice that the 12th accused person (Obasanjo-Bello) be ordered to submit herself properly to the criminal jurisdiction of this court before consideration is given to any application

to quash the charge," the commission added.

Obasanjo-Bello had in her own brief argued that EFCC's power to arrest suspects was not at large. Chief Afe Babalola (SAN), her counsel, said the law as argued by the EFCC was not correct.

He stated that EFCC had no right to arrest her until the court has ruled on her applications challenging the jurisdiction of the court. He said the commission must wait for the court to determine her objection to her criminal trial before she could be arrested.

"The right of the EFCC or the police to arrest is not at large. There is no right to arrest innocent citizens. There is no right to arrest a person charged to court who is protesting his innocence before the court.

"EFCC is expected to respect the court and the decision of the Supreme Court that the accused who is challenging the competence of such charges is at liberty not to attend the court."

He said the plaintiff had no case to answer based on the following grounds: that the charge against her was defective, due process of law was not followed, no prima facie case was placed before the court to warrant any charge, organisation of retreat was and is still lawful, she never handled N10 million belonging to the Ministry of Health, the sum of N10 million paid to the Senate Committee on Health by the Senate was received by the Secretary and expended on the retreat in which all the members of the committee and not Iyabo Obasanjo-Bello alone attended.

EFCC had, last week, amended the charges to include the name of Iyabo as the 12th accused person.

Following this amendment, Iyabo also filed an amended objection. The parties will adopt their briefs in the case tomorrow.

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