High Court grants Fayose's ally, Abiodun Agbele, N50m bail and N5m damages
Fri Jul 22, 2016 09:01:am Politics
2.8K By Buchi Obichie
An Abuja High Court sitting in Maitama, on Thursday ordered the release of Governor Ayodele Fayose's ally, Abiodun Agbele from Economic and Financial Crimes Commission, EFCC, custody.
Agbele, who has been in custody of the Economic and Financial Crimes Commission, EFCC, since June 27, had through his lawyer, Chief Mike Ozekhome, SAN, approached the high court for the enforcement of his fundamental human rights.
Delivering judgment, Justice Olukayode Adeniyi said that the "wrongful and illegal detention" of the suspect without a competent court order and without being charged to court is a "gross violation" of his human right.
He therefore awarded N5m as damages against the EFCC.
He also admitted Agbele to N50m bail with one surety who must be at least a director in either the federal civil service or the FCT Administration or any of their agencies of the Federal Government or the FCTA.
Alternatively, the Judge stated that the surety could be a responsible Nigerian with verifiable residential address in Abuja, and with title documents of property in Abuja.
Agbele was arrested on June 27 in connection with the alleged N1.2bn Ekiti governorship campaign scandal.
The EFCC on June 30, obtained a remand order from a Magistrate Court in Ogba to hold Agbele for 14 days.
Justice Adeniyi faulted the anti-graft agency for rushing to an Abuja Chief Magistrate Court to secure the remand warrant, while Agbele's fundamental right enforcement application was already pending before his court.
According to Adeniyi, the Magistrate Court would not have granted the remand order if it was aware of the potency of the suit before the high court.
He thus voided the remand warrant.
The EFCC has however rejected the bail, and filed a for stay of execution
Reacting to the judgment of Justice Adeniyi, the commission expressed shock over the ruling, and indicated its readiness to appeal against it and file for a stay of execution.
Agbele, who has been in custody of the Economic and Financial Crimes Commission, EFCC, since June 27, had through his lawyer, Chief Mike Ozekhome, SAN, approached the high court for the enforcement of his fundamental human rights.
Delivering judgment, Justice Olukayode Adeniyi said that the "wrongful and illegal detention" of the suspect without a competent court order and without being charged to court is a "gross violation" of his human right.
He therefore awarded N5m as damages against the EFCC.
He also admitted Agbele to N50m bail with one surety who must be at least a director in either the federal civil service or the FCT Administration or any of their agencies of the Federal Government or the FCTA.
Alternatively, the Judge stated that the surety could be a responsible Nigerian with verifiable residential address in Abuja, and with title documents of property in Abuja.
Agbele was arrested on June 27 in connection with the alleged N1.2bn Ekiti governorship campaign scandal.
The EFCC on June 30, obtained a remand order from a Magistrate Court in Ogba to hold Agbele for 14 days.
Justice Adeniyi faulted the anti-graft agency for rushing to an Abuja Chief Magistrate Court to secure the remand warrant, while Agbele's fundamental right enforcement application was already pending before his court.
According to Adeniyi, the Magistrate Court would not have granted the remand order if it was aware of the potency of the suit before the high court.
He thus voided the remand warrant.
The EFCC has however rejected the bail, and filed a for stay of execution
Reacting to the judgment of Justice Adeniyi, the commission expressed shock over the ruling, and indicated its readiness to appeal against it and file for a stay of execution.
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