Ise-Oluwa Ige
16 May 2008
The Economic and Financial Crimes Commission (EFCC) yesterday begged an Abuja high court sitting in Maitama to issue bench warrant against fleeing Senator Iyabo Obasanjo Bello to compel her attendance in court on May 19 for the purpose of taking her pleas in a 56-count charge of corruption preferred against her and 12 others.
EFCC is pushing for Iyabo's trial over allegation of holding on to N10 million out of the N300 million Ministry of Health's unspent fund.
The request for bench warrant against the serving lawmaker came on a day the trial high court judge, Justice Salishu Garba fixed May 19 for ruling on a multiple application by Iyabo Obasanjo seeking for an order voiding two of the 56-count charge affecting her on one hand and a separate order restraining EFCC from arresting, harassing and arraigning her over the matter.
The trial judge will also pronounce on whether or not the request by EFCC to issue bench warrant against Iyabo Obasanjo ahead determination of her application challenging the competence of the charge against her was proper or not.
The fixing of the ruling yesterday by the trial judge followed the adoption of written arguments by counsel to both EFCC and Iyabo Obasanjo-Bello on the competence of the charge against the lawmaker.
Vanguard recalls that the trial judge, Justice Garba had, Tuesday, threatened to revoke its order stopping the arraignment of Senator Iyabo Obasanjo Bello over the N300million scam at the Federal Ministry of Health if she further delayed adoption of written arguments on the competence of the charge preferred against her by the EFCC.
The threat followed an alarm raised by the EFCC in the open court to the effect that Iyabo Obasanjo wanted to delay determination of her application challenging the competence of the charge preferred against her in order to frustrate her arraignment next Monday (May 19) alongside 12 others.
Both EFCC and Iyabo Obasanjo were earlier ordered last week by the court to file written briefs on two applications filed by Iyabo to stop both her arrest and arraignment over the N300 million scam at the Federal Ministry of Health.
Last Monday was fixed for the adoption of the written briefs.
But when the matter came up for the purpose on Monday, EFCC asked for extension of time within which to file its brief, having filed it five days late.
Because EFCC defaulted, the chambers of Afe Babalola (SAN) representing Iyabo Obasanjo said there was no way it could file its own and had to beg for 24 hours extension of time.
The court granted Iyabo's request and thereafter fixed Tuesday for the adoption of written briefs.
But when the court sat Tuesday, Iyabo came with a motion asking for further extension of time to file her written brief.
According to Mr Bankole Akomolafe from Chief Afe Babalola's Chambers, he said the draft copy of the brief was ready but that his principal wanted to vet it before filing it in court.
He asked for an adjournment till Thursday when he hoped he would have filed his papers.
His request enraged EFCC's counsel, Mr Binang who alleged that Iyabo wanted to frustrate her arraignment in court next Monday.
He said that though he was not opposing his request for further extension of time, he however said that if the court would not be able to determine the applications by Iyabo stalling her arraignment, he said he would want court to revoke its earlier order to the effect that Iyabo would not be arraigned until determination of her applications.
Although Iyabo said that 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, she said that she was willing and ready to face trial if the court okayed her for prosecution.
The Economic and Financial Crimes Commission had asked the Abuja high court sitting in Maitama 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 the trial of Iyabo for illegally holding on to N10 million out of the N300 million Ministry of Health's unspent fund.
In a brief of argument filed by EFCC's prosecutor, James 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 that granting her application would turn her to an outlaw.
The commission said that granting Iyabo-Bello's application would lead to a state of general break down of law and order.
EFCC said, "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."
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 settled by Chief Afe Babalola SAN argued that EFCC's power to arrest suspects was not at large.
Chief Afe Babalola SAN said that the law as argued by the EFCC was not correct.
He stated that EFCC had no right to arrest her until the court had ruled on her applications challenging the jurisdiction of the court.
He said that the commission must wait for the court to determine her objection to her criminal trial before she could be arrested.
He said, "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 stated that Iyabo had no case to answer based on the following grounds: 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, organization of retreat was and is still lawful, she never handled N10million 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 personally.
EFCC had, last week, amended the charges to include the name of Iyabo as the 12th accused person.
Following this amendment, Iyabo had also filed an amended objection.
The court will rule on whether or not Iyabo would face trial next Monday.
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