Court Remands Senator Iyabo Obasanjo to Custody
May 19, 2008 | posted by Mobolaji Aluko (Archives)
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PM NEWS
May 19, 2008
Embattled Senator Iyabo Obasanjo-Bello, who emerged from hiding this morning, is to spend the next two days in a cell at the Maitama Police Station, Abuja.
An FCT judge, Justice Salisu Garuba, who gave this order, said rather than being kept in the EFCC custody, Iyabo should be kept in a police cell, pending a written application for bail by her counsel. Iyabo, who had engaged officials of the Economic and Financial Crimes Commission (EFCC) in a hide and seek game in the past one month surprisingly appeared in court this morning with her body guards. She was immediately put in the dock where she pleaded not guilty to the two-count charge of obtaining N10 million, illegal proceeds from the N300 million unspent budget of the Federal Ministry of Health, which the Federal Government had directed should be paid back to the Federation Account. Her entry into the court room was dramatic as she was surrounded by armed mobile policemen who shielded her from EFCC agents.
Attempt by the EFCC officials to take her into custody was frustrated by her lawyer Bankole Akomolafe who pleaded with the court that instead of keeping her in EFCC custody, pending a written application for her bail, she should be kept in a police cell at the Maitama Police Station Abuja. Her counsel fought vigorously to prevent the EFCC officials from taking her away, explaining that she would be maltreated by the officials. He told the court that EFCC officials had earlier threatened to deal with her for the troubles she subjected them to in the past one month. Akomolafe cited an instance when EFCC officials stormed Iyabo's house in Abuja and assaulted her personal aides, saying overzealous officials of commission have vowed to humiliate her if she was kept in their custody. Akomolafe's submission came on the heels of submission by the EFCC counsel, Mr. James Binang that the court should reject the oral application for bail for the embattled senator, adding that she should be kept in the EFCC custody pending the hearing of a written application for her bail. He argued that this was the same process other accused persons in the N300 million scam went through and that Iyabo's case should not be different.
The court headed the pleas of Iyabo's counsel by ordering that she should be kept in a cell at the Maitama police station until Wednesday when her written application for bail would be decided. The court fixed 21 May for consideration of the written bail application. Senator Iyabo Obasanjo-Bello in the past four weeks has been evading arrest by officials of the Economic and Financial Crimes Commission (EFCC). EFCC had charged her along with former Minister of Health, Prof. (Mrs.) Adenike Grange and others for misappropriating N300 million unspent budget of the Federal Ministry of Health which the Federal Government directed should be returned to the Federation Account. Iyabo was alleged to have scaled the fence of her Abuja home to escape arrest when EFCC operatives went after her. It was further alleged that she injured her right leg in the process.
Ever since then, her whereabouts became a subject of controversy. While some of her colleagues in the Senate, including the Senate President, David Mark, were alleged to have harboured her in their homes, others said they have been sighting the daughter of the immediate past president in her father's Ota Farms in Ogun State. She was quoted to have attributed her refusal to appear in court to a threat to her life. Before today's appearance, her father's lawyer, Chief Afe Babalola, had promised that they would produce Iyabo at today's hearing.
Page last updated at 13:43 GMT, Monday, 19 May 2008 14:43 UK
Nigerian senator hands herself in
The daughter of Nigeria's former leader Olusegun Obasanjo has been jailed after handing herself in to a court looking into health ministry graft charges.
Iyabo Obasanjo-Bello has been in hiding for several weeks.
Two former ministers and nine civil servants face charges of defrauding the budget of 300 million Naira ($2.5m).
Mrs Obasanjo-Bello, a serving senator and chairwoman of the health committee, is accused of receiving a kick-back from the ministry.
She pleaded not guilty to the charges and was remanded in custody until her bail hearing on Wednesday.
The judge agreed she could be held in a police cell rather than in the custody of the Economic and Financial Crimes Commission investigating the allegations, after her lawyer said she had been threatened by EFCC agents.
'Witch hunt'
She has said in the past she believes herself to be the victim of a "witch-hunt".
She refused to be interviewed by the EFCC, and told the media she had done nothing wrong.
Her committee was given 10 million Naira ($85,000) by the health ministry, the EFCC says.
She says the money was to pay for an official visit to Ghana for the committee, allowed under the Senate rules.
The accusations concern money left in the health budget at the end of last year.
President Umaru Yar'Adua had instructed all ministries to return unspent money to the central bank.
But former Health Minister Adenike Grange, and her minister of state Gabriel Aduku, are accused of writing cheques for fake contracts and handing out the money.
Accusations
Mr Obasanjo, his family and associates have been the focus of several accusations since he left office.
His son-in-law Kenny Martins, the chairman of the Police Equipment Fund, has been interrogated by the EFCC about alleged fraud in his organisation.
Nasir el-Rufai, the former minister of the Federal Capital Territory, has been accused of seizing plots of land in the capital and giving them to Mr Obasanjo.
The former president himself has been implicated by a probe into the power sector that concluded his administration funnelled millions of dollars into fake companies.
An investigation into the oil industry, which Mr Obasanjo oversaw as minister for petroleum, has also begun.
PUNCH
Iyabo Obasanjo weeps in court, remanded in police custody
By Tobi Soniyi, Abuja
Published: Tuesday, 20 May 2008
Iyabo Obasanjo-Bello, eldest daughter of former President Olusegun Obasanjo on Monday wept when she was told that the Abuja High Court would not admit her to bail after pleading not guilty for her role in the N300m scam in the Federal Ministry of Health.
The trial judge, Justice Salisu Garuba, however, ordered that she be remanded at Maitama Police Station till Wednesday when he will rule on her bail application.
It was learnt that Obasanjo-Bello, who is also the Chairman of the Senate Committee on Health, finally opted to show up after being convinced by some of her counsel that the judge might issue a warrant for her arrest if she failed to appear in court.
The senator was charged alongside a former Minister of Health, Prof. Adenike Grange, an ex-Minister of State for Health, Mr. Gabriel Aduku, and nine others by the Economic and Financial Crimes Commission for sharing the N300m unspent budget of the Ministry of Health.
She went underground on April 9, 2008 when the EFCC filed charges against her but asked the court to dismiss her alleged offences.
When the case came up on Monday, her lawyer and Head of Afe Babalola Chambers in Abuja, Mr. Bankole Akomolafe, moved an oral application for her bail.
Garuba then adjourned till 11am for ruling. But before he came out to deliver his ruling, Akomolafe told the senator she was not likely to be admitted to bail.
At this point Obasanjo-Bello broke down in tears but Komolafe consoled her. She quickly adjusted herself.
When the judge came out of his chambers, he said that the application for bail should be in written form and on notice.
The EFCC counsel, Mr. James Binang, asked the court to remand her at Kuje Prison.
But Akomolafe opposed this and told the court not to remand her either at the prison or at EFCC custody because the operatives of the commission had already threatened to deal with her.
He told the judge that the operatives issued the threat the day they raided her house.
Acting on this information, the judge then ordered that Obasanjo-Bello, be remanded at the Maitama Police Station.
Earlier, Garba ruled that Obasanjo-Bello’s application, which sought to quash the charges against her on the grounds that the court lacked the jurisdiction to try her, was incompetent.
He consequently dismissed the objection.
The judge said, “It is wrong for an accused person to stay at home and ask her counsel to represent her before the court.
“I dismiss the application by the 12th accused person(Obasanjo-Bello) where she asked that she should not be molested, abused and arrested by security agents.
“Her preliminary objection is also incompetent and is therefore dismissed. She should appear before the court on May 21, 2008.”
The order for her to appear before the court on May 21 was however set aside when the court was informed of her presence in court.
“She was subsequently allowed to take her plea on counts 55 and 56 to which she pleaded not guilty.
Akomolafe had in an oral application for her bail urged the court to grant her bail on the grounds that she was represented by a counsel in court before she was properly joined in the suit.
He said, “My Lord, my client had appeared in court through her counsel before she was properly joined in the suit. So she should be granted bail. And today [Monday] she came before your Lordship willingly; the charges against her are also bailable.
“I refer the court to the case of Senator Ameh Ebute versus the State, where the Senator appeared in court without the court summons and was granted bail on personal recognisance.
“Based on the fact that the other accused persons are already on bail, the discretion of the court should also be extended to her. We also ask the court to also take into cognisance, the fact that she is a medical practitioner, a senator and the first daughter of a former President of this country.
“We urge the court to grant her bail on personal recognisance.”
In opposing the oral application for bail, the EFCC counsel, Binang said, “We would be opposing the oral application for the following reasons: given the ugly antecedents of this case, there are some facts that the complainant would want to bring in respect of the 12th accused person.
“The court had earlier directed that the 11 other accused persons should come formally for bail, and they obeyed that order and today they are on bail.
“We urge the court to discountenance the oral application for bail. The fact that she is a medical practitioner, a senator and the first daughter of a former President are not relevant here.”
The court had on May 2, 2008 granted the request of the EFCC to include the name of Obasanjo-Bello on the charge sheet as the 12th accused person.
The trial of Grange and others was also adjourned to June 5 for adoption of briefs on their applications to quash the charges.
Meanwhile, the Senate on Monday said it would stand by Obasanjo-Bello during her trial.
Senator Ayogu Eze told journalists in Abuja that the Senate as an institution was a respecter of law and due process.
Eze, who is the Senate spokesman said, “I am aware that she has appeared in court. We commend her decision to honour the invitation by the court. Senate expected no less; there was nothing to compel her before to appear before the court.
“The law will take its course because we expect no less. As a law abiding citizen, she has decided to answer the court summons she is one of us and we will stand by her throughout her trail.”
INDEPENDENT
Iyabo Obasanjo Docked, Remanded In Police Custody
By Sukuji Bakoji (Kaduna) Adetutu Folasade-Koyi and Joe Nwankwo (Abuja)
Iyabo Obasanjo-Bello, after weeks of diving and docking, was finally arraigned by the Economic and Financial Crimes Commission (EFCC) on Monday over the N300 million scandal in the Health Ministry, which involved her as Senate Health Committee Chairperson.
The Senate expressed support for the trial, likewise the Arewa Consultative Forum (ACF), which warned the EFCC not to treat her as someone above the law.
Justice Salisu Garba of the Abuja High Court refused her bail, relying on Section 341 and 342 of the Criminal Procedure rules and his earlier ruling on the oral application by the 11 other accused persons. "Counsel should file a formal application for bail. The 12th accused person (Iyabo) is to be remanded in the custody of the EFCC until May 21st,"he ruled.
But Iyabo's counsel, Bankole Joel Akomolafe, asked the court to remand her in the custody of the Maitama police station in Abuja, as she is not safe in the custody of the EFCC which has been "threatening her life." The request was granted.
Garba had dismissed as incompetent the application brought by Iyabo to quash the charges against her on the grounds that the court lacks the jurisdiction to try her.
He ruled that "it is wrong for an accused person to stay at home and ask her counsel to represent her before the court. I dismiss the application by (Iyabo) where she asked that the accused should not be molested, abused, and arrested by security agents. She should appear before the court on May 21st 2008."
However, the order for her to appear before the court on May 21 was set aside when the court was informed of her presence. Then she pleaded not guilty to the charges.
In his oral application for bail, Akomolafe had urged the court to grant her bail on the ground that she was represented by counsel before she was properly joined in the suit, "and today (Monday) she came before your lordship willingly; the charges against her are also bailable.
"Based on the fact that the other accused persons are already on bail, the discretion of the court should also be extended to her. We also ask the court to also take into cognisance the fact that (Iyabo) is a medical practitioner, a Senator and the first daughter of a former President of this country (Olusegun Obasanjo). We urge the court to grant her bail on personal recognition."
But EFCC counsel, James Binang, opposed the oral application based on the "ugly antecedents of this case," and as "there are some facts the complainant would want to bring in respect of (Iyabo). The court had earlier directed that the 11 other accused persons should come formally for bail, and they obeyed that order, and today they are on bail. We urge the court to discountenance the oral application for bail.
"The fact that she is a medical practitioner, a Senator, and the first daughter of (Obasanjo) are not relevant here."
The court had on May 2 granted the request of the EFCC to include Iyabo's name on the charge sheet, narrating how she alone spent the N10 million allegedly allocated to members of the Senate Health Committee for a trip to Ghana.
The EFCC told the court that she was aware that the money was a product of fraud, but still spent it, whereas the House of Representatives Committee on Health returned its share to the Health Ministry on learning of the objection.
After news of Iyabo's arraignment broke, her colleagues in the Senate expressed support for her court trial, having first distanced the Upper House from her travails last Tuesday and asked her to clear herself of any involvement in the N300 million scam.
Senate Spokesman, Ayogu Eze, said: "I'm aware that she's appeared. We commend her decision to honour the invitation by the court. The Senate expected no less. There was nothing to compel her before now to appear before the court. The law will take its course. We expect no less.
"As a law-abiding citizen, she has decided to answer the summons of the court. As we've been saying before now, she will appear before the court when its time to do so. That is exactly what has happened now. Iyabo is one of us and we will stand by her throughout her trial."
However, the ACF chided the EFCC, stressing that Iyabo's status as Obasanjo's daughter should not warrant treating her as a sacred cow.
ACF Secretary General, Musa Shehu, told journalists in Kaduna that the EFCC could not effect her arrest because it regards her as someone above the law.
He wondered why the EFCC failed to prosecute her before now, despite the "incontrovertible facts of her involvement" in the corruption at the Health Ministry.
Shehu said it is an irony that during her father's administration several people who were his political enemies were prosecuted for corrupt practices.
He lamented that corruption in official quarters has done damage to the economy, as for example, "you will find out daily that power supply continues to deteriorate. Hardly can you get two or three hours of stability in power supply in homes. You have to run your generating set, either in the private or government sector. The cost of diesel is escalating, and so many other related problems."
Shehu advised the government to ensure that those who mismanaged the economy during the Obasanjo years are prosecuted.
"For now, let us allow (the National Assembly) to finish with the probe and write their recommendation. What would they do next after the recommendation is passed to the Federal Government? That is basically the question."
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