Borishade, Fani-kayode, Iyayi Back In Detention

Lanre Adewole, Abuja - 05.07.2008

An Abuja Chief Magistrate Court sitting in Life Camp on Friday, turned down an oral interim bail application by two detained former Ministers of Aviation, Prof. Babalola Borishade and Chief Femi Fani-Kayode and a former Director General of the Nigerian Airspace Management Agency, Captain Rowland Iyayi, and sent them back to detention.

They would remain in the custody of the Economic and Financial Crimes Commission (EFCC) till Monday, when the commission would reply the accused on their separate bail applications.

They are being prosecuted by the commission over alleged criminal conspiracy, breach of official trust, forgery and misappropriation of the Federal Government fund totaling N19.5billion meant for intervention in the Aviation industry. The fund was meant for four international airports in the country including Lagos, Abuja, Port-Harcourt and Kano.

They were arrested on Monday and arraigned on Wednesday, with the court remanding them in the commission’s custody. The accused moved their separate bail applications yesterday and when it dawned on them that the court would not rule on the application, Fani-Kayode’s counsel, Mike Ezekhome, asked for an interim bail, which would see the accused coming to court from their homes on the next adjourned date.

Chief Magistrate Lamido Mohammed Kabir turned down the request, saying that no ruling could be given until the original bail applications were heard.

He subsequently ordered that they should return to detention, until Monday when the commission would explain its opposition to the applications to the court.

The five separate counts preferred against them were contained in the First Information Report (FIR) filed by Steve Ehi Odiase, a Senior Detective Superintendent with the EFCC.

All the accused pleaded not guilty to the allegation when read to them. Counsel to Borishade, Mr. Bankole Akomolafe, while arguing the oral bail application, told the court that his client enjoyed tremendous respect among Nigerians.

According to him, “He is a golden fish that has no place to hide. He can’t interfere with investigation because he is no longer in office and therefore, does not have access to documents. He has never been charged to court for any offence known to law.

“His character and reputation is impeccable. The court is yet to see the proof of evidence of the charge against the accused that will enable the court come to the conclusion that the accused did not deserve bail.

“Where that is the case, the court has the power to resolve the issue in favour of the accused. The accused is ready to furnish the court with reasonable sureties. The accused will not jump bail neither will he interfere with investigation. The accused was a minister who served this country diligently.

Counsel to Fani-Kayode, Kinsley Osu, said that the onus was on the prosecution to prove that an accused who was presumed innocent, should not be granted bail.

According to him,“The effect of their argument is that the accused should not be presumed innocent until the next two weeks when they finish their investigation. I urge the court not to co-operate with the prosecution in violating the constitutional right of the accused person. He has not been able to establish the fact that if the accused is released on bail, investigation into the allegation will be threatened.

“There is no evidence before the court to show that they are a threat to investigation. One can only conclude that the prosecution is only expressing fear. The likelihood of committing the same offence does not arise because they are no longer in office. I urge the court to hold that the prosecution has failed woefully substantiate the allegation against the accused.”