6 Jan 2016

Alleged N300m fraud: EFCC docks ex-PDP boss, Bello, son


We’re ready for trial, Bello, son tell court
Brought to court in ambulance, took plea in
wheelchair
Judge determines bail applications tomorrow
The Economic and Financial Crimes
Commission, EFCC, yesterday, docked former
Chairman of the Peoples Democratic Party, PDP,
Dr. Haliru Bello, before a Federal High Court
sitting in Abuja.
Bello, a one-time Minister of Defence, was
arraigned alongside his son, Abba, on a four-
count criminal charge bordering on alleged N300
million fraud.
Whereas Bello’s son was charged as the first
accused person, a firm, BAM Projects and
Properties Limited, which the EFCC said was
used to perpetuate the fraud, was cited as the
2nd accused person in the matter.
The anti-graft agency alleged that the accused
persons, through the firm, withdrew N300 million
from an account the Office of the National
Security Adviser, ONSA, operated with the
Central Bank of Nigeria, CBN.
The fund was said to have been transferred to
the accused persons by the embattled former
National Security Adviser, NSA, Col. Sambo
Dasuki (retd), 11 days to the 2015 presidential
election.
Brought to court in ambulance
Meanwhile,
the ex-PDP
boss, who
was brought
to court
yesterday in
an
ambulance,
took his
plea in a
wheelchair.
The defendants pleaded not guilty to the four-
count charge dated December 23 but amended
on December 30, 2015, even as their lawyers,
yesterday, prayed the court to okay their release
on bail.
Both father and son predicated their separate
bail applications on sections 162 and 165(1) of
the Administration of Criminal Justice Act, 2015,
as well as sections 35 and 36(5) (6) of the 1999
Constitution, as amended.
They told the court, yesterday, that they were
ready to answer to the charges against them.
Bail applications
Specifically, the former PDP boss, through his
lawyer, Mr. Abdulaziz Ibrahim, urged the court to
grant him bail on self recognition.
Bello told the court that he was still recuperating
from a spinal cord surgery he had in the United
Kingdom, stressing that he was previously
granted administrative bail by the EFCC.
Besides, Bello tendered five exhibits in support of
his bail motion, among which included three
photographs he took while undergoing surgery.
He also tendered medical report issued to him by
the hospital in the UK, as well as a letter his
lawyer wrote to the EFCC, which indicated his
willingness to surrender himself for investigation.
According to Bello’s lawyer, “the important factor
which your lordship is enjoined to consider in
granting or refusing bail is the availability of the
accused person to stand his trial.
“Here is the 3rd defendant who just had a critical
spinal cord surgery in the UK. Immediately after
the surgery, he was summoned by the EFCC.
With the wound from the surgery still fresh, my
client had to be rushed to another hospital in
Nigeria.
“He was brought to this court this morning
straight from his hospital bed in an ambulance.
Is this the kind of person that can take a flight if
granted bail? The answer is no.
“Health condition is a serious factor to be
considered. The 3rd defendant is over 70 years
old, an elder statesman who has served this
country meritoriously in various capacities.
“My lord, he is not only a former Minister of the
Federal Republic of Nigeria, but also former
chairman of one of the biggest political parties in
Africa.
“We pray this court to grant him bail on self
recognition or in the alternative, grant him bail in
the most liberal terms. He has responsible
persons that are ready to stand surety for him.”
Similarly, his son, Abba, through his lawyer, Mr.
O. Osoka, also prayed the court to grant him bail
on health ground.
He tendered an order made by another court
headed by Justice Okeke, which he said okayed
his release on bail. More so, the accused
persons contended that the charge against them
are ordinarily bailable.
While Bello’s bail request was dated December
31, his son filed his motion December 30, 2015.
EFCC opposes bail applications
Meantime, the EFCC, via two separate counter-
affidavits that were deposed to by one of its
detectives, Mr. Mohammed Goji, yesterday,
opposed the release of the accused persons on
bail.
EFCC lawyer, Mr. Aliyu Yusuf, argued that the
accused persons did not place sufficient
evidence to warrant the court to exercise its
discretion in their favour.
The prosecution urged the court to consider the
severity of the charge which it said attracts a
maximum of 14 years imprisonment, as well as
the proof of evidence against the accused
persons, and deny them bail.
It argued that neither Bello nor his son adduced
any evidence to show that they would not get
proper medical attention from the prison
hospital.
EFCC maintained that the accused persons, if
released, have the capacity to interfere with the
cause of justice.
He said: “We submit that this court has
discretion to either grant or refuse bail. That
discretion must be exercised judicially and
judiciously.
“Looking at the evidence before this court, the
defendant/applicants have not placed sufficient
materials to warrant the exercise of discretion in
their favour. The accused persons are facing a
very serious offence.
“On the whole, we urge, my lord, to refuse the
bail application and invoke section 19(2b) of the
EFCC Act, 2004, and order accelerated hearing
of this case.”
After listening to all the parties yesterday,
Justice Mohammed, reserved ruling on the
matter till tomorrow.
While remanding the son in prison custody,
Justice Mohammed held that since it was not in
doubt that Bello was brought to court from his
hospital bed, “the 3rd accused is hereby put
under the supervision of the Inspector General of
Police pending the determination of his bail
application.”
Justice Mohammed ordered the chief registrar of
the court to immediately draw the attention of
the IGP to the court order.
Shortly after the ruling yesterday, the former
Chairman was conveyed back to the hospital in
an ambulance belonging to Abuja clinics.

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