An Oyo State High Court today in Ibadan granted bail to the former governor of Oyo State Otunba Adebayo Alao-Akala in the sum of N500million and two sureties in similar sums. The sureties must also have landed property in the Ibadan GRA, and swear to an affidavit of means.
The former governor and two of his associates, Senator Hosea Agboola, a former Commissioner for Local Government and Chieftaincy Affairs and Mr. Femi Babalola, a contractor are facing an 11-count charge of conspiracy, illegal acquisition of property and illegal award of contracts brought against them by the Economic and Financial Crimes Commission (EFCC).
Ruling on their bail application, Justice Moshood Abass observed that the offence for which the accused persons are standing trial attracts jail terms of between 3 and 7 years imprisonment on conviction. He said since it was not a capital offence, the accused persons were entitled to bail.
Justice Abbas also observed that the second and third accused had visited the EFCC more than seven times between 2007 and 2010 and were even granted administrative bail by the anti-graft agency. He stated that if the EFCC had no objection to bail, it should not be the responsibility of the court to deny them it. Justice Abass expressed confidence in the evidence before the court that the defendants would not jump bail.
With reference to Mr. Alao-Akala, the judge noted that the report available to the court indicated that he suffers from hypertension and should not, therefore, be denied access to proper medical attention.
He therefore admitted Alao-Akala to bail in the sum of N500million and two sureties in like sum. The sureties must have landed property in the Ibadan GRA, and swear to an affidavit of means.
The second and third accused persons were admitted to bail in the sum of N300million as well as two sureties in like sum who must have landed property in Ibadan GRA and swear to an affidavit of means.
The accused persons are however to remain in the custody of the State Security Service pending the perfection of their bail conditions.
When the three men were first brought before the court on Tuesday October 11, they pleaded not guilty to all the charges but their bail application could not be heard following the plea for more time by the prosecution counsel, Godwin Obla. Justice Moshood Abass adjourned proceedings to Wednesday, October 12.
On that day, the court heard arguments from both sides for over five hours on the bail application.
Lead counsel to the defendants, Mamman Osuman, urged the court to admit the accused persons, especially former governor Akala, to bail on the basis of his ill-health, and provided a medical report to back his claim. He told the court that Akala was already due for a medical check-up, and that that his health requires frequent monitoring. In addition, he reminded the court that the offence allegedly committed by the accused persons was bailable.
Similar arguments were advanced in support of the bail application of the second accused person, Senator Babalola. The lawyer argued that as a senator of the Federal Republic, the accused person was not likely to jump bail if granted.
But EFCC counsel, Obla opposed the application. Armed with a counter – affidavit deposed to by one Olayinka Bolanle, he urged the court to discountenance the medical report presented in support of the claim of ill health in respect of the first accused.
He characterized the document as being intended to hoodwink and mislead the court. He underlined there was no indication the accused person was not in sound health, pointing out that the report was written on Monday, only two days before the accused persons were arraigned. Mr. Obla further told the court to deny bail to the accused persons on the ground that they were highly influential personalities who could interfere with witnesses and the investigations if admitted to bail. He added the accused persons were still being investigated in respect of other Code of Conduct offences and that the onus was on the court to protect the integrity of the exercise by not admitting the accused persons to bail.
Justice Abass has adjourned the matter to the 13th-15th of December 2011 for commencement of trial.
The accused persons are alleged to have siphoned N11.5 billion from the Oyo State Government treasury through illegal award of contracts, obtaining by false pretences and acquiring property with money derived from illegal acts, and concealing the ownership of such property.
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