Abuja — The bail bid of two former aviation ministers, Chief Femi Fani-Kayode, and Prof. Babalola Borishade, suffered a setback yesterday when an Abuja chief magistrate court adjourned the case till Monday to enable the Economic and Financial Crimes Commission (EFCC) reply to their application. They were, therefore, returned to EFCC custody.

Both Fani-Kayode and Borishade served as aviation ministers in the second term of ex-president Olusegun Obasanjo's administration.

The two are standing trial before an Abuja magistrate court for criminal conspiracy, breach of trust, forgery and misappropriation of N19.4bn aviation fund meant for interventionist work on four of the nation's international airports, namely, Murtala Muhammed International Airport, Lagos; Nnamdi Azikwe International Airport, Abuja; Aminu Kano International Airport, Kano; and Port Harcourt International Airport.

Also to spend the weekend in EFCC custody is the former director-general of the Nigeria Airspace Management Agency (NAMA), Mr. Rowland Iyayi, who is also standing trial alongside the former ministers.

The offences under which they are charged are contrary to sections 97, 99, 314, 364 and 309 of the Penal Code.

The trial magistrate, Lamido Kabir, had last Wednesday turned down oral application by counsel to the accused Chief Ozekhome and remanded them in EFCC cell.

At the resumed hearing of the matter yesterday, counsel to Fani-Kayode Chief Mike Ozekhome after various arguments on preliminaries, asked the court to release his client on bail.

But counsel to the EFCC, senior detective Steve Ehi Odiase, said he was only served with the application for bail on Thursday evening and by right he is entitled to 48 hours to respond to the motion.

The magistrate ruled that the EFCC should file its reply and written address not later than 9am on Monday, July 7, 2008.

After the ruling at about 3pm, Chief Ozekhome still pleaded with the judge to hear their application and release the accused on bail, that the law presumes them innocent until proved guilty by a law court.

"The doctrine of presumption of innocence will be rendered meaningless if bail is refused," he said.

According to him, the fact that the accused person went to the Senate on their own shows that they don't have the capacity to jump bail.

Also, he said, bail is at the discretion of the judge, stressing that he could exercise such discretion even without hearing from the EFCC.

The trial magistrate, after hearing from all the accused's counsel, adjourned till Monday for the EFCC to reply and the accused were taken back to EFCC custody.