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Court Grants Ex-Oyo Gov Akala N500 Million Bail
Newsdiaryonline Thur Oct 13,2011
An Oyo State High Court sitting in Ibadan, Oyo State today
admitted former governor of Oyo State Otunba Adebayo Alao- Akala,
and two of his associates, Senator Hosea Agboola, a former
Commissioner for Local Government and Chieftaincy Affairs and
Mr. Femi Babalola, a contractor to bail on stringent conditions.
The trio are standing trial on an 11 count charge of conspiracy,
illegal acquisition of property and illegal award of contracts
preferred against them by the Economic and Financial Crimes
Commission, EFCC.
Ruling on their bail application, Justice Moshood Abass observed
that the offence for which the accused persons are standing
trial attracts jail terms of between 3 and 7 years imprisonment
on conviction. He said since it was not a capital offence, the
accused persons were entitled to bail. The trial judge noted
that the second and third accused had visited EFCC more than
seven times between 2007 and 2010 and were even granted
administrative bail by the anti-graft agency. He stated that if
the EFCC could grant them bail, it should not be the
responsibility of the court to deny them bail. Justice Abass
further stated that there was no proof before the court that the
defendants would jump bail.
On the first accused, Justice Abass said the report available to
court indicate that he is hypertensive and should not be denied
access to proper medical attention.
He therefore admitted Alao-Akala to bail in the sum of
N500million and two sureties in like sum. The sureties must have
landed property in the Ibadan GRA, and swear to an affidavit of
means.
The second and third accused persons were admitted to bail in
the sum of N300million and two sureties in like sum. The
sureties must have landed property in Ibadan GRA and swear to an
affidavit of means.
The accused persons are however to remain in the custody of the
State Security Service pending the perfection of their bail
conditions.
When they were first arraigned on Tuesday October 11, the
accused persons pleaded not guilty to all the charges but their
bail application could not be heard following the argument by
the prosecution counsel, Godwin Obla asking for time to study
and respond to the application. This prompted Justice Moshood
Abass to adjourn proceedings to Wednesday, October 12.
At the resumed hearing on Wednesday October 12, the court for
more than five hours, heard arguments from counsel on whether it
should or should not exercise its discretion by admitting the
accused persons to bail.
Lead counsel to the defendants, Mamman Osuman, SAN urged the
court to admit the accused persons, especially the first accused
(Akala) to bail on the ground ill-health and tendered a medical
report to back of his claim. He told t he court that Akala was
already due for check up that that his health requires frequent
monitoring. In addition, he reminded the court that the offence
allegedly committed by the accused persons was bailable.
Similar arguments were advanced in support of the bail
application of the second accused person, Senator Babalola.
Counsel claimed that as a senator of the Federal Republic, the
accused person was not likely to jump bail if granted.
But EFCC counsel, Obla opposed the application. Armed with a
counter – affidavit deposed to by one Olayinka Bolanle, he urged
the court to discountenance the medical report presented in
support of the claim of ill health in respect of the first
accused. He said the document is intended to hoodwink and
mislead the court, adding that there was no sign to indicate the
accused person was not in sound health. Obla added that the
report was written on Monday, two days before the accused
persons were arraigned. He further told the court to deny bail
to the accused persons on the ground that they were highly
influential personalities who could interfere with witnesses and
the investigations if admitted to bail. He added the accused
persons were still being investigated in respect of other Code
of Conduct offences and that the onus was on the court to
protect the integrity of the exercise by not admitting the
accused persons to bail.
Justice Abass has adjourned the matter to 13, 14, 15 December
2011 for commencement of trial
The accused persons are alleged to have siphoned N11.5 billion
from the Oyo State Government treasury through illegal award of
contracts, obtaining by false pretence and acquiring property
with money derived from illegal acts and concealing the
ownership of such property.
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