From Godwin Tsa, Abuja
Cousin to former President Goodluck Jonathan, Roberts Azibaola and his wife, Stella, were finally docked yesterday before a Federal High Court sitting in Abuja after spending 80 days in the custody of the Economic and Financial Crimes Commission (EFCC).
While Mr. Azibaola has been remanded in Kuje Prisons on the orders of Justice Nnamdi Dimgba, his wife, Stella, was released to enjoy the administrative bail earlier granted her by EFCC.
In the charges filed before the court by EFCC, the defendants were arraigned on a seven-count charges bordering on alleged payment of $40 million to their company, One Plus Holdings Nigeria Limited, by the Office of the National Security Adviser (ONSA).
They, however, pleaded not guilty to all the charges before Justice Nnamdi Dimgba, following which their counsel, Chief Chris Uche moved an application asking the court to admit Roberts to bail on liberal terms, since the alleged offences are allegedly bailable.
“Plea, having been fully taken by the defendants, we will like to prepare for trial, and I want to apply for bail for the first defendant to enable us defend him.We have filed a motion on notice dated May 24, 2016, and filed on May 27,” he said.
This bail application, which was brought pursuant to Section 36 (5) of the constitution 1999 and Administration of the Criminal Justice Act (ACJA), Roberts’ lawyer prayed the court to admit his client to bail in view of the “pains” Mr. Roberts had suffered in the custody of the EFCC despite a valid court order admitting him to bail.
Uche submitted: “The issue of pre-trial bail is at the discretion of the court.
The alleged offences are not capital offences and are, therefore, bailable.
“Roberts had been in EFCC custody for this alleged offences for over two months for no reason.
“We went to court and an Abuja High Court granted him bail in the some of N10million, but the order was flagrantly disobeyed by the respondent (EFCC).
“When these orders were disobeyed, we wrote the respondent, but, they refused to obey the orders.
“Roberts was whisked away to Lagos by EFCC operatives, then, he collapsed in Lagos.
“The facts are that his rights as a citizen have been breached.
Right to bail for a man who is presumed innocent until proven, is a constitutional right. The offences are not capital offences,” Uche averred.
In opposition to the bail application, prosecuting counsel, Aliyu Yusuf, urged the court to refuse the bail application on the ground that the offences for which the defendants are being tried are “serious.”