A Federal High Court in Abuja, Friday declined bail application brought by the former chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina, over alleged money laundering offences.
Maina, who was docked on a 12-count charge over allegations of money laundering, operating fictitious accounts and other fraudulent activities using some banks in the country, pleaded not guilty to the charges.
Counsel to Maina, Ahmed Raji (SAN) had brought bail application immediately the defendant took his plea but was objected by the prosecution counsel, Mohammed Abukakar, who said no proper bail application was before the court on the ground that it was filed before the defendant was arraigned.
Shortly after the charge was read to the defendant, Raji interjected by drawing the court’s attention to the defendant’s bail application dated October 22, which he had filed prior to the defendant’s arraignment.
However, the effort of Raji to have the court hear Maina’s bail application was opposed by the prosecution counsel for being incompetent.
Abubakar argued that by making frantic effort to move the bail application, “the defendants are putting the cart before the horse”.
The EFCC lawyer stressed that the issue of bail application could only arise if there was an adjournment of the matter.
Abubakar reminded the court that the hearing notice served on all parties in the case indicated that all should come prepared for trial to begin, since the charge, proof of evidence, list of witnesses etc, had been served on the defendants.
He however admitted being served the bail application of the 1st defendant, but also confirmed that he had not filed a counter affidavit.
The prosecution told the court that the fact that he did not file a counter affidavit in opposition to Maina’s bail application did not mean the anti-graft agency had conceded to the application.
The EFCC lawyer said “anytime the defence counsel filed a competent bail application, we will vehemently oppose it”.
When asked by Justice Abang on what he meant by the application for bail being incompetent, Abubakar answered that it was filed before arraignment of the defendant in court.
Consequently, the court asked Maina’s lawyer, Raji for his reaction on Section 356(1) of ACJA, which the court raised sumoto, which provides that bail application must be filed after arraignment.
In his response, Raji said he needed time to react to the question and therefore pleaded for an adjournment.
However, Justice Okon Abang, adjourned till Nov. 19 for counsel to address him on the propriety and competence of the bail application.
Meanwhile, Adeola Adedipe, who appeared for the 2nd defendant, Common Input Property and Investment Ltd, a company allegedly owned by Maina, entered a “not guilty” plea for the company.
The prosecution counsel, Abubakar informed the court that he was ready to call his first witness.
On the prosecution’s position that he was ready to call his witness, Raji said in line with section 36 of the constitution, the defendant was entitled to time for adequate preparation for his defence.
He said the charge served on the defendant was in four volumes of 500 pages each, and that he had not had time to discuss with the defendant, saying he was only given 7 minutes to chat with Maina at the office of the EFCÇ without privacy.
Having painstakingly listened the submissions of prosecution and defence counsel, the court adjourned the case to October 30, for commencement of trial.
He ordered that Maina be remanded at the Correctional Centre, Kuje, Abuja.
Meanwhile, Faisal, Maina’s son was also docked on a different 3-count charge bordering on money laundering.
He was accused of operating an account in UBA with a different name. He was also said to be in possession N58m which he ought to know forms part of corrupt proceeds.
The court ordered that he be remanded at the IGP Tactical Squad Command in Asokoro, Abuja, where the police are said to be investigating him possession of illegal firearms.
The court adjourned till Nov. 6 for commencement of trial.
Justice Abang cautioned parties to avoid frivolous petitions and unnecessary application for adjournment.
Felix Omohomhion, Abuja
