Respite is yet to come for Dr. Dayo Olagunju, Executive Secretary of National Commission for Mass Literacy, Adult and Non- Formal Education, and ten of his  directors, as a Federal High Court sitting in Abuja,  on Tuesday July 28, 2009 ordered that they be remanded in prison custody pending the determination of the bail application brought on their behalf by their counsel.

A statement by Femi Babafemi ,EFCC spokesman on Tuesday said Olagunju,  alongside Joshua Durodola Alao , Alice Atteh Abang, Jibrin Rikichi Waguna, Ahmed Abubakar, Shehu Abdullahi, Dr.Victoria –King Nwachukwu,  Adamu Khalid, Moses Oseni, Francis Awalewa and Bashir Tanko Suleiman,  all directors of the commission,  were on Friday  July 24^, 2009 arraigned before Justice Anuli Chikere of the Federal High Court,Abuja. They were arraigned on a 17 count charge of  criminal conspiracy, criminal misappropriation of public funds, diversion, stealing, retaining and processing proceeds of crimes, and awarding of contracts in excess of the approved limit,  all totaling N479million.

Olagunju and his directors pleaded not guilty to all allegations bordering on unlawful award of contracts well above their approval limit between November and December 2009.. They were also said to have acquired and held private interests in such contracts, blatantly shared some monies, fabricated and disbursed funds for non-existent supplies of equipment to the commission and operated personal accounts where monies appropriated to the commission were paid in. 

When the case came up on Tuesday, July 28 2009 for hearing of bail application, Defence counsel Aliu Ahmed informed the court that his 14-paragraphed affidavit was in support of his motion for bail. He submitted that the motion was pursuant to Section 36 (5) (6) of the 1999 Nigeria Constitution.

Some of the grounds canvassed for the granting of bail by the defence counsel include the presumption of innocence of the accused persons, charges against his clients being speculative and bailable, the accused being civil servants with known addresses and next of kin.

He further submitted that his clients,  aside from having no criminal record before being reported  to the EFCC, would be ready for trial anytime the court would need them, if granted  bail. Ahmed,  while saying that granting of bail was at the court’s discretion, urged the presiding judge to be liberal in doing so. “I urge my lordship to grant the accused persons bail on liberal terms so that it would not be given with one hand and be taken with the other.”

Replying, the prosecution counsel, Muhammad Mailumo, represented by  Takon N. Ndifon , opposed the bail application. He told the court he had nothing to add to his motion, which had already been served on the accused persons. He thereafter adopted his written addresses.

Ruling on the application for bail has been adjourned until tomorrow July 29 2009 even as the accused are still to be remanded in Kuje prison.