Mohammed Lawal Shuaibu
3 July 2008
Abuja — Former Ministers of Aviation Professor Babatunde Borishade and Chief Femi Fani-Kayode were yesterday arraigned before an Abuja Magistrate's Court on charges that they misappropriated N19.5billion belonging to the Federal Government.
Former Director General of the Nigeria Air-space Management Agency (NAMA) Mr Raymond Iyaye was arraigned alongside the former ministers.
The court ordered that all three men be remanded in custody of the Economic and Financial Crimes Commission [EFCC] until their application for bail is considered.
The EFCC, which brought the charges against the three accused persons, said the money was meant for the installation of aviation equipment in four Nigerian international airports of Lagos, Kano, Port Harcourt and Abuja.
The ministers, according to the commission, were said to have on June 13, 2006 conspired amongst themselves to defraud the government of the money through "fictitious contracts."
The prosecution told the court that the accused persons were guilty of the offences of conspiracy, breach of trust, forgery and misappropriation contrary to sections 97, 99, 314, 364 and 309 of the Penal Code.
The accused persons, who stood in the dock for 2 hours, pleaded not guilty and denied the content of the EFCC charges, which was read out to them by the court registrar.
The EFCC said it had not finished investigations into the matter and that it only brought the accused persons to court in line with the 48 hour constitutional limit for holding a person without charge. It then asked for leave of the court to remand them in its custody for two weeks.
In making the application, the commission's counsel Mr Steve Odiase said the case in which the accused persons were standing trial is not ordinarily bailable, "particularly the offence of forgery which attracts a jail term of 14 years. It is on the basis of this that we are asking the court to keep the accused persons in custody for the next 14 days pending the completion of investigation into the case."
He said the nature and gravity of the offence which the ministers have allegedly committed did not make it safe for them to be granted bail, adding, "There is likelihood that if granted bail they could jump bail and interfere with further investigation into the matter." He then urged the court to "in the interest of justice" grant the commission's request by ordering that the accused persons be kept in EFCC custody for 2 weeks.
But counsel to the accused persons opposed the application on the grounds that their clients have to be granted their freedom according to the law, arguing that "they are presumed innocent until proved otherwise."
Mr Kingsley Osuh, counsel to Chief Fani-Kayode, said keeping the accused persons in detention would be tantamount to presuming them guilty before their trial. "We therefore urge your worship not to agree with the prosecution in violating the accused persons' constitutional rights."
He said the court should refuse the EFCC application because it has not shown material evidence to prove why the accused persons should not be granted bail. "We urge the court also to grant our application on reasonable terms, and to refuse the EFCC application because they have failed by way of materials. Their argument has to be based on fact because in the business of law, facts and facts alone are sacred."
Mr. Bankole Akomolafe, counsel to Borishade, also told the court that EFCC cannot refuse the application for bail because the offences which the accused persons are standing trial are not punishable by death and "they are bailable."
"Before bail is refused, evidence against the accused persons must be strong and direct and the risk of jumping bail must be established," he said.
The magistrate, who delivered his ruling at about 3.45pm after standing the case down for 3 hours, refused the bail applications and ordered that the accused persons be remanded in EFCC custody till they are granted bail. He said he refused the application for bail on grounds that parties in the case gave conflicting facts for and against the bail application.
He adjourned the case to July 4 for accelerated hearing and for written bail application to be made by parties in the case. He ordered the parties to come by way of motion on notice and depose to an affidavit on the issues raised in court.
Read comments. Write your own.
Copyright © 2008 Daily Trust. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
Prof Borishade and Chief Fani-Kayode were aviation ministers at different times. Besides the fact that these are eminent Nigerians with no doubt about their integrity, it is difficult to believe that such men will take turns to misappropriate funds. These charges are reminiscent of charges of embezzlement laid on Iyabo Obasanjo for using government fund to attend a government function in Ghana. One has the hunch that the real corrupt politicians are fully in control weilding the TRIBALISTIC AXE. Nigeria has become the biblical Sodom and Gomorrah. IN THE LAND OF THE CORRUPT, THE CLEAN AND EMINENT CITIZENS ARE TREATED AS OUTCASTS!
The swiftness with which the EFCC is moving to bring these alleged looters to court is a good sign. We hope that the tempo will not slow down to allow them to use their men at high places to contaminate the evidence eventually leaving us with another empty hand.
This crime raises yet another causation effect that led to the air disaster that claimed the lives of innocent young school children at the Port Harcourt Int. Air Port. Unfortunately the Obasanjo administration used the event to find an excuse to ground Sosoliso Air in disguise to continue the marginalization of Igbo owned businesses. After all the Culprits were appointed by Obasanjo and are all from one tribe. What does that show about the judgment of Obasanjo because most of his appointees from the IG of police to the Ex Ministers of aviation are all from his tribe? Nigeria is a government by tribe hence the looting comes from two major tribes; Hausa and Yoruba tribes.
Nigeria should wake up and smell the coffee because the nation is up for grab where the rich is getting richer along ethnic line and the poor is getting poorer along the same line. The irony is that the poorer is from where the wealth of the country is situated and what does that tell? You go figure.