NAN-H-97
Bail
By Wandoo Sombo
Abuja, Nov. 1, 2016 (NAN) A defendant, Amarachi Enyinnaya, on Tuesday, broke down in tears in a Federal High Court, Abuja, after the court refused to admit her to bail.
athe court, however, remanded her in Economic and Financial Crimes Commision (EFCC) custody.
Enyinnaya and four others, Abuchi Anthony Igwe, Kelechi Iwuoha, Obioma Nwagu (at large) and Blessed Obialo Nig. Ltd., are standing trial on a 12-count charge of alleged money laundering and impersonation.
One of the charges preferred against Igwe was that he had in his possession documents concerning false details that he was the wife of the late Col. Gaddafi and was looking for where to invest some money.
Igwe, who is the 1st defendant, was also accused of impersonating one Stella Jones, a United States soldier serving in Afghanistan, who had found some money during a raid and wanted to invest.
Another charge against the defendants was that they allegedly took proceeds of an unlawful act, thereby committing an offence contrary to Section 18 (a) of the money Laundering Prohibition Act.
They all pleaded not guilty to the charges and the judge, Justice Okon Abang, said he would enter a not guilty plea for the company.
Counsel to Igwe, Mr O.C Ezeofor, asked the court to grant the defendant bail saying that he had filed the bail application before arraignment because the charge had already been served on the defendant.
Mr U. Agubam, counsel to Iwuoha, prayed the court to allow him make an oral application for bail.
Enyinnaya’s counsel, Mr E.O Nwafor, asked the court to order that she continues to enjoy the administrative bail that was already granted to her by the EFCC.
He appealed that if the court was not inclined to make such an order, rather than remand her in prison, she should be remanded in EFCC custody as an alternative.
This, he said, was to enable her to take care of her baby whom, he said, she was still nursing.
The Prosecuting counsel, Mrs Elizabeth Alabi, opposed the bail application for Igwe saying that it was an abuse of court process to apply for bail before arraignment.
Alabi said that the case was a criminal one and that every criminal case commenced at arraignment, “so every process must be filed after arraignment”.
On the oral application by counsel to the 2nd defendant, she said that the prosecution was not open to an oral argument and prayed the court to make an order for a written bail application.
Alabi earlier prayed the court to remand the defendants in EFCC custody but later changed that to prison custody.
Abang, in a bench ruling, struck out the 1st and 3rd defendants’ application for bail for incompetence and also refused the oral application of the 2nd defendant.
He asked Counsel to file written applications for bail saying that the court would give an early date before the commencement of trial to hear the applications.
He also ordered that the defendants should be remanded in EFCC custody saying that this was the original intention of the prosecution and that suggesting prison custody was an afterthought.
He adjourned the case till Dec. 14 and Dec. 15 for commencement of trial. (NAN)
WS/HAS/OFN
Edited By Hajia Sani//Felix Nwadioha