Court orders anti-graft commission to release Jonathan’s former ADC
Dasuki’s assistant sues army, asks court to order his release
Tobi Soniyi in Abuja
The Economic and Financial Crimes Commission (EFCC) has formally filed a 10-count charge of money laundering against the former Chief of Defence Staff (CDS), Air Chief Marshal Alex Badeh (rtd), on Tuesday just as the former defence chief asked a Federal High Court in Abuja to grant him bail from detention.
This came as a High Court of the Federal Capital Territory sitting in Jabi yesterday granted Col. Ojogbane Adegbe, former Aide-de-Camp (ADC) to former President Goodluck Jonathan bail after spending 20 days in the custody of the commission.
Badeh is charged alongside a company Iyalyam Nigeria Limited, the company allegedly used by him to acquire property.
The charge which has suit number FHC/ABJ/CR/46/2016 has already been assigned to Justice Okon Abang of the Federal High Court in Abuja.
An EFCC source said Badeh would be arraigned tomorrow.
Badeh is being held in Lagos by the anti-graft commission since February 8, 2016, when he was invited for questioning.
However, in a bid to secure bail, Badeh through his counsel, Samuel Zibiri (SAN) filed an application at the Federal High Court Abuja seeking his release from detention.
The application dated February 15, was brought pursuant to Section 35(4) and Section 36(5) of the 1999 Constitution and Sections 158, 162 and 165(1) (2) of the Administration of Criminal Justice Act, 2015.
Justice James Tsoho had already reserved ruling in Badeh’s application to release him for March 4.
Zibiri is praying the court for an order admitting Badeh to bail on self recognizance, or on such favourable and liberal terms as the court may deem fit to make in the circumstances of the case pending further investigation by the respondent and/or arraignment before this court.
Zibiri said the application was based on the grounds that the applicant voluntarily went on the invitation to the office of the respondent, (EFCC) on February 8, and was subsequently detained by the respondent after several hours of interrogation and being compelled to write a bulky statement.
The alleged case of fraud for which the applicant was invited is ordinarily bailable, according to Zibiri, adding that “there is no reason for, or any likelihood that the applicant will jump bail, escape from Justice, interfere with witnesses or investigation if same is still ongoing, or the course of justice upon his being granted bail.”
But opposing the application, counsel to the EFCC, Cosmas Ugwu told the court that Badeh had not even made any effort to secure bail in Lagos, where he was presently being detained.
“He is in custody in Lagos; Abuja is not holding him, so, the convenient court to grant the applicant bail is a court within the same territorial jurisdiction,” Ugwu argued.
More so, the EFCC lawyer informed the court that Badeh was being held under a remand order issued by a Lagos magistrate court because he was fingered in the NIMASA fraud allegation.
Consequently, Ugwu urged the court to dismiss the application.
The presiding judge, Justice John Tsoho has fixed March 4, for ruling.
Meanwhile, In the case of Adegbe, the court further ordered that he should be granted bail on liberal terms forthwith pending his arraignment in a court of competent jurisdiction even as it wondered why the EFCC had refused to grant administrative bail to the applicant until an action was instituted against it.
Following his detention since February 11, Adegbe, through his lawyer, Ogwu Onoja (SAN), filed a fundamental rights enforcement application wherein he specifically sought release from the custody of the EFCC.
Ruling on the application, Justice Yusuf Haliru, declared the detention of Ojogbane as unconstitutional, illegal and in breach of provisions of Section 35 of the 1999 Constitution.
Consequently, the court directed the anti-graft agency to grant bail to the ADC.
The court noted that the ADC’s detention “is most an aberration” and sought to know whether the EFCC has reduced itself to the status of a police station or detention facility of the Nigerian Army.
“From the affidavit in support and against the application, “it is a fact that the applicant was under the custody of the EFCC. Justice Haliru stated that fundamental human rights entrenched under Chapter 4 of the 1999 Constitution is not an outlet for those whose hands are soiled to escape punishment but an outlet for those whose rights are trampled upon to get Justice and freedom.
The court described the EFCC as dancing “makossa dance” based on its position that it was the army that invited Ojogbane for questioning in one breath and that his detention was at the instance of the Nigerian Army.
However, the court refused to grant the N100million claim for general damages pressed for by the applicant as well as the order for an apology letter to be written to him by the EFCC.
The motion on notice was filed by his lawyer, Onoja, and dated February 16, 2016.
Adegbe had prayed the court to make an order for the federal government to pay him the sum of N100million as general damages for detainning him unlawfully since February 11, 2016.
The applicant also asked for “a declaration that the arrest and continued detention of the applicant by the respondent since February 11, 2016 is unconstitutional as it offends his right to personal liberty as guaranteed by Section 35 of the 1999 Constitution.
More so, Ojogbane pleaded with the court to order the EFCC to release him from unlawful detention with immediate effect.
Also, Colonel Nicholas Ashinze, a serving officer in the Nigerian Army, who was Special Assistant to the former National Security Adviser, Col Sambo Dasuki (rtd) has filed a suit against the Economic and Financial Crimes (EFCC) and the Nigerian Army challenging his continued detention.
In the suit filed through his counsel, Chief Mike Ozekhome (SAN), the army officer is challenging his detention for about 12 weeks without any charge preferred against him.
Ashinze was first detained by the EFCC for eight weeks and released to the army, which subsequently detained him, without any charge for another four weeks in a military facility.
In the application for an order enforcing his fundamental rights, which also has the Chief of Army Staff, Lt. Gen. Tukur Buratai as a respondent, was filed pursuant to Order 2 Rules (1), (2), (3), (4) and (5) of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
Ashinze is praying the court to order EFCC and the Nigerian Army to release forthwith, his personal effects, documents and properties which were illegally, wrongfully and unlawfully seized from him without any warrant, during his arrest and continued detention since December 23, last year.
Alternatively, he urged the court to issue an order granting him bail on self recognisance or in the most liberal terms as well as an order directing the respondents to tender a public apology and pay him adequate compensation for the blatant violation of his fundamental rights without following due process.
Ashinze also prayed the court to restrain the anti-graft agency and the Nigerian Army from further inviting, arresting or detaining him in their custody in relation to same frivolous allegations, which he knows nothing about.
The army officer, who had worked at a time in the Office of the National Security Adviser (ONSA), and was temporarily attached to the Defence Intelligence Agency (NIA), asked the court to declare that his arrest, detention and continued detention from 23rd December last year till date by the respondents, without reasons and granting him administrative bail within 24 hours of his arrest and detention illegal, wrongful, unlawful and constitute a blatant violation of his fundamental rights.
A statement in support of the application alleged that Ashinze had been held incommunicado since December last year at the underground cell of the EFCC under torturous, inhuman and degrading conditions.
He was not told of his offence until 5th February, 2016 (after 44 days), when he was handed over to the Nigerian Army. While in detention, searches were conducted at his home, with several of his documents, properties and personal effects carted away.
“Since February 5, 2016, when he was transferred from the custody of the EFCC to that of the Nigerian Army, he has been detained at the officer’s Mess, Mogadishu Cantonment, Asokoro, Abuja, with fully armed soldiers on 24 hours guard over him,” the statement added.
There is no date for the hearing of the suit which was filed on Monday.