Funso Muraina
10 October 2008
Abuja — Chief of Staff to the Governor of Rivers state, Chief Ezebunwo Nyesom Wike, was yesterday arraigned by the Economic and Financial Crimes Commission (EFCC) before an Abuja High Court sitting in Gudu for allegedly converting over N5 billion belonging to the state government into personal use.
The accused had earlier obtained the leave of another court in Port Harcourt to apply for the enforcement of his fundamental human rights. He also pleaded not guilty to all the seven counts on the charge sheet and was granted bail in the sum of N50 million with two sureties who must be resident in the Federal Capital Territory [FCT] Abuja .
Counsel to the accused person, Lateef Fagbemi, SAN, had earlier withdrawn his formal application for bail as according to him, "the law is clear in cases of this nature that applications for bail can be made orally, the case of Abiola versus the Federal Republic of Nigeria gives this court the impetus to hear this application orally."
Fagbemi also added:"The accused person walked into the office of the EFCC on Monday and has been in detention since then, I want to present before this court an order of the Rivers State High Court sitting in Port Harcourt that declared the arrest, detention and continued detention of the accused person as illegal. The court had also ordered that he should be released from custody henceforth pending the hearing and determination of the motion on notice."
Responding, counsel for the EFCC, James Binang, who did not oppose the application for bail however urged the court to admit the accused person to bail on stringent conditions to enable him attend his trial.
Said he: "We have been served with a copy of the order of the Rivers State High Court, we want to submit that his arrest and detention was lawful as it was based on the reasonable suspicion that he has committed a crime. He was also brought to court with reasonable time, we brought him to court within 48 hours, so the EFCC will not obey that order unless this court says so. All conditions for his bail now rest with this court. "
Justice I. Uriri thereafter ordered the release of the applicant from the detention as well as stay further actions on matters relating to or connected with the further infringement of the applicant's rights pending the determination of the motion on notice.
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