Justice Hassan of the Federal High Court in Lagos will on July 19 decided whether or not to grant a former Chairman of the Peoples Democratic Party (PDP) in Ondo State, Clement Faboyede, who is facing allegations of N500 million fraud bail. Justice Hassan fixed the date after listening to the separate bail applications filed by Faboyede and his co-accused the Director General of the state’s Presidential Campaign Organization during the 2015 general election, Modupe Adetokunbo. They were arraigned by the Economic and Financial Crimes Commission (EFCC) on June 29 arraigned on a 3-count charge bordering on the alleged offence.
The anti-graft agency had accused the two politicians of receiving a cash sum of N500 million from one Owolanke Michael in the build-up to the 2015 general election. The commission also claimed that Faboyede made a N500 million cash payment to the Ondo State Election Committee of the PDP. The prosecuting counsel, Ekene Iheanacho claimed that the accused persons committed the offence on March 27 , 2015 and that the offence is contrary to Section 18 of the Money Laundering (Prohibition ) Act , 2011 and are liable to punishment under Section 16 (2 ) of the same Act .
The two accused persons, however, pleaded not guilty to the charge. While arguing the defendants’ bail applications on Tuesday, their lawyer, Eyitayo Jegede (SAN) said the essence of the applications are to secure their temporary release from detention pending their trial. He also urged the court not to subject the defendants’ bail to any verification by the prosecution. The lawyer submitted that “My lord, the essence of this motion is to seek the temporary release of the defendants pending trial. They were given administrative bail by the EFCC during investigation and they never jumped bail. I urged the court not to grant bail on excessive conditions but on liberal terms and possibly on self-recognizance.
“In the event that the court is inclined to grant the bail, it should not be subjected to any verification by the prosecution as this may be a clog in the wheel of the speedy administration of bail to the defendants”, Jegede stated. Responding, EFCC’s lawyer, Ekene Iheanacho, urged the court to dismiss the applications. He argued that the depositions in support of the motion were in violation of the law. The EFCC counsel said, “The quality and quantity of evidence as shown in the proof of evidence positively linked the defendants to the alleged offence. Besides, the offences for which the defendants are standing trial are serious felonies and becoming rampant. “The defendants were granted administrative bail during investigation so as not to breach their fundamental human rights but this was revoked prior to their arraignment”, he said.
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