… Accused failed to meet bail conditions
BENIN CITY— A Federal High Court in Benin, Edo State, has remanded a former governorship candidate of the Peoples Democratic Party, Pastor Osagie Ize-Iyamu; State Chairman of the PDP, Chief Dan Orbih and three others in prison custody.
The court said that Ize-Iyamu, Orbih, a former member of the House of Representatives, Tony Azegbemi; a chieftain of the All Progressives Congress, Chief Lucky Imasuen; and one Efe Anthony would remain in prison custody pending when they meet their bail conditions.
The former PDP candidate and four others had on Thursday been arraigned by the Economic and Financial Crimes Commission on eight charges bordering on alleged money laundering in the sum of N700m before Justice P. I. Adjokwu.
The EFCC had in the charge, marked FHC/B/F1C/2018, accused the five defendants of allegedly conspiring among themselves to commit the offence in March, 2015.
Ize-Iyamu, Imasuen, Azigbemi, Orbih and Anthony were arraigned as first to fifth defendants.
The agency had alleged that they took possession and control of the money without any contract award which they ought to have known formed part of an unlawful act.
It had also accused them and one Chief Tony Anenih, now at large, of allegedly making a cash payment of N60,650,000 to one Henry Tenebe of the Estako West Local Government Area of the state and N61,647,000 to one Momoh Andrew Ojo of the Akoko Edo Local Government Area “without going through a financial institution.”
The anti-graft agency had in counts five and six alleged that the defendants also made cash payments of N83,473,000 and N125,993,000 to one Deacon Ezekiel Egharevba and one Thomas Aroko without going through a financial institution.
It alleged that they had taken possession and control of the money without any contract award which they ought to have known formed part of an unlawful act.
In counts five and six, they were alleged to have made cash payments of N83,473,000 and N125,993,000 to one Deacon Ezekiel Egharevba and one Thomas Aroko, without going through a financial institution.
Counts seven read, “That you Pastor Osagie Ize-Iyamu, Lucky Imasuen, Tony Azegbemi, Chief Dan Orbih, Efe Erimuoghae Anthony and Chief Tony Anenih (now at large) sometime in March, 2015, in Benin, within the jurisdiction of this honourable court did make a cash payment of the sum of N105,000,000 to Scott Osagiede of Ikpoba-Okha of Edo State, without going through a financial institution, and thereby committed an offence contrary to Section (1)(a) of the Money Laundering (Prohibition) Act 2011, as amended by the Money Laundering (Prohibition) Amendment Act, 2012, and punishable under Section 16(2)(b) of the same Act.”
The defendants pleaded not guilty to the charges.
Counsel to the EFCC, Aso Peters had earlier applied for date for hearing and urged the court to remand the defendants in prison custody pending trial.
But counsel to the defendants submitted that their bail application had already been filed.
Counsel to the third defendant, Kehinde Ogunwuiju said that the adjournment requested by the complaint was unfair and urged the court to consider the condition of his client whom he said had been in detention for about 10 days.
In a consolidated application and counter-affidavit, counsel to Ize-Iyamu, Charles Edosomwan, had urged the court to grant the first defendant bail in self-recognition and on liberal grounds as he (Ize-Iyamu) had willingly submitted himself to the EFCC and did not wait to be arrested.
Counsel to the second to fifth defendants also applied for bail in like terms.
But Aso opposed the bail application, while relying on a counter-affidavit deposed to by an official of the EFCC and a written address.
The EFCC counsel said that the defendants had refused to submit themselves for data capturing, an argument which was opposed by the defence counsel.
Aso also said that the first defendant was not in court on May 16 when they had earlier been scheduled for arraignment.
He, therefore, urged the court to apply discretion in the matter in order to ensure that the defendants were present in court on every adjourned date.
In her ruling, Justice Adjokwu said that it would not be in the interest of the defendants to be tried in absentia.
She, therefore, granted them bail in the sum of N10m and two sureties in like sum, who must be public servants from level 16 and above.
The presiding judge added that the sureties must have properties in Edo, whose certificates of occupancy should be deposited with the court registrar.
The case was later adjourned to July 4 for commencement of trial.
After the court sitting, the defendants and their counsels had been seen making efforts to meet the bail conditions.
But they were later taken away from the court premises in a bus by officials of the EFCC.
