A chartered accountant, Omafume Ayinuola, has appealed against the decision of two judges of the Federal High Court in Lagos to deny her bail over allegations of fraud.
In an appeal filed before the Court of Appeal, Lagos, Ayinuola prayed the appellate court to set aside the decision made by Justice Akintayo Aluko and Justice Kehinde Ogundare, dismissing her bail applications on the ground that she is a flight risk.
Ayinuola and her mother, Lydia Ehrievuyere, were arraigned before the lower court by the police over an alleged fraud of N1.07 billion and $975,102.58.
They, however, pleaded not guilty to the charge.
While her mother was granted bail by Justice Aluko, who was then sitting as a vacation judge, in the sum of N500 million, with two sureties in like sum, the court refused Omafume bail on the ground that she would abscond from the trial.
After the court’s annual vacation, the defendant attempted to move another bail application before Justice Ogundare, before whom she was re-arraigned, but it was also rejected because the court could not sit on appeal on another high court decision.
Dissatisfied with both rulings, the defendant filed an appeal seeking to set them aside and also to secure an order from the upper court admitting her to bail.
In the notice of appeal, the appellant argued that Justice Aluko misdirected himself in law when he failed to admit her to bail as the principle of the presumption of innocence as guaranteed under Section 36 of the 1999 Constitution (as amended) is in her favour, having not been convicted of the offence before any competent court.
She also argued that the lower court erred in law and facts when it failed to appreciate the circumstances under which she allegedly procured another international passport for her well-being and safety when the nominal complainant, her alleged jealous lover, was willing to make life unbearable and permanently keep her in jail.
No date has been fixed for the hearing of the appeal.
