Chief Magistrate B.O. Osunsanmi of a Lagos Magistrate Court sitting in Ikeja has ordered that Robert Azibaola, a cousin to former President Goodluck Jonathan be remanded in the Economic and Financial Crimes Commission custody (EFCC).
The matter was
adjourned to May 23, 2016.
With the ruling,
Azibaola will remain in detention pending the completion of investigations over
the $40m allegedly paid to him through One-Plus Holdings, a sister company of
Kakatar Construction Limited by ex-former National Security Adviser, Col. Sambo
Dasuki (rtd).
Aziboala, who has been
in the EFCC custody since March 23, 2016, had earlier approached a Federal
Capital Territory High Court for the enforcement of his fundamental human
rights in a motion ex-parte dated and filed on April 5 and brought pursuant to
Order 5 Rules 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules
2009, Section 35 of the 1999 Constitution (as amended).
In the application, he
had prayed the court to grant him an interim bail pending his arraignment
before a court of law by the respondent (EFCC) or pending the determination of
the substantive motion in this suit.
In his ruling, the
trial Justice Goodluck Olasunbo of the Federal Capital Territory granted the
prayer of the defendant when he held that Robert’s detention by the EFCC for
over two weeks was unconstitutional.
The judge, relying on
the provision of the constitution, held that section 35 (5) of the constitution
provides that a person who is under arrest or in detention shall be brought
before a court of law within reasonable time.
The court ordered the
EFCC to release Robert’s colleague and Executive Director of Kakatar
Construction and Engineering Company Limited, Mr. Dakoru Atukpa, who had also
been in detention for the same period.
The bail conditions
include two sureties each of whom shall be a serving or retired Director in any
of the federal government ministries or parastatals and must be resident within
the Federal Capital Territory while the applicant shall deposit his
international passport to the Chief Registrar of this court.
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