Ifedayo Adedipe (SAN), counsel to Femi Fani-Kayode, former
Minister of Aviation and director of Goodluck Jonathan Campaign Organisation,
yesterday told an FCT high court, Apo, Abuja that the Economic and Financial
Crimes Commission (EFCC) asked his client to produce $1million as part of his
bail term, which he has not be able to meet.
Adedipe during the hearing on the violation of fundamental
rights suit filed against the EFCC told Justice Olukayode Adeniyi that
Fani-Kayode was offered bail by the EFCC but he has only been able to meet part
of the conditions.
Adedipe alleged that the remand of Fani-Kayode by the EFCC
is a violation of his fundamental human rights and his detention since May 9,
2016 is unconstitutional as he is being held without being charged for
financial crimes against the Federal Republic of Nigeria.
He said, “The constitution anticipates that a man maybe
arrested but not necessarily arraigned as provided in the Administration of
Criminal Justice Act (ACJA).”
He submitted that it is violating on constitutional
requirement that Fani-Kayode has not been charged to court but being held in
detention that there is provision under the constitution or any law for the
actions of the anti-graft agency.
Adedipe further told the court that the EFCC said
Fani-Kayode was being investigated in connection to a company called Joint
Trust Dimension through which over N800m was allegedly transferred to the
account of Fani-Kayode.
“The applicant (Fani-Kayode) has never said he did not
receive the money (N800m) in question. He was the Director of Publicity for the
Presidential Campaign Organisation of the former president Goodluck Jonathan
who paid him the money,” Adedipe said.
Responding, counsel to the respondent EFCC, Salisu Majidadi,
informed the court that a remand order from a Magistrate Court in Lagos has
been attached to a better and further affidavit and written address put forward
before the court which they would rely on.
“Bearing in mind the constitutional requirement of remanding
the applicant, a remand order was acquired from a Magistrate Court on May 10 in
Lagos which is attached to the affidavit,” he said.
Justice Olukayode, after hearing the arguments and
submissions of the both counsels adjourned till June 29, 2016 for judgment in
the fundamental rights suit against the EFCC by Fani-Kayode.
“Judgment in this original motion is hereby reserved till 29
June 2, 2016,” the judge held.
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