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Friday, 15 July 2016

Court Turns down Omisore's Bail Application



Federal high court sitting in Abuja, will today July 15th decide on the bail application filed by senator Iyiola Omisore who has been in EFCC custody since July 3rd 2016.
Justice Olukayode Adeniyi adjourned ruling after listening to the lawyers to senator Omisore and the EFCC.
Omisore had yesterday approached the court to compel the EFCC to grant him bail pending when the anti-graft agency is ready to charge him to court.


Mr Chris Uche who represented Omisore, asked the court to vary the conditions of administrative bail granted to his client by the EFCC or in the alternative grant him a fresh bail pending when the anti-graft agency is ready to charge him to court.

However, counsel to the EFCC, Mr Takon Ndifom, asked the court to dismiss the application for lack of merit, because Omisore was lawfully arrested and detained with a court order.

He added that the anti-graft agency was still investigating suspicious transfers from the Office of the National Security Adviser and the National Assembly.


While ruling on the bail application today been Friday, Justice Olukayode Adeniyi noted that the bail application was incompetent since a remand order obtained by the EFCC from another judge of the High Court of the FCT, on July 8 to detain Omisore was still valid.

The Judge ruled that Omisore would have to wait till the expiration of the 14 days remand order before he can file another application for bail.

He further held that granting the bail application would amount to vacating a subsisting order made by the same court.
The Judge further ruled that Omisore failed to convince the court of its power under the law to upturn it’s own order and sit as an appellate court on its own order.
According to him, provisions of section 293, 294 and 296 of the Administration of Criminal Justice Act permitted EFCC to detail a suspect for an initial 14 days and another 14 days if circumstances warrant.
“Having considered the totality of submissions of counsel in this matter, it has been established that there is a reasonable cause to remand the applicant in the custody in line with the provisions of the law.
“At any rate, there is no provision for entertainment of any application for bail, when the remand order issued by the court subsist. In order word, the 14 day remand order granted by the court is to run its full course”, the Judge held.
The Judge noted that though the court has power to admit a suspect on bail when sufficient reasons are adduced,  but it must be guided by law.


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