Bala Mohammed’s arrest and continued detention, a contempt of court – Lawyer

Chris Uche SAN, lawyer to former Minister of the Federal Capital Territory (FCT), Bala Mohammed has kicked against the continued detention of the former Minister by the Economic and Financial Crimes Commission (EFCC).

Uche, in a letter addressed to the Acting Chairman of the EFCC, called on the Agency to release him on bail, saying that there was no justification for his detention following his arrest since May 2, 2017.

It will be recalled that the former FCT Minister was again whisked away from his residence and since then has been detained at the EFCC custody, despite declarations by an FCT High Court which had granted him bail on the November 29, 2016, for the same offense.

The counsel also informed about his plans to file a contempt of Court case against the EFCC for violating the order by the FCT High Court for his release on bail.

The former FCT Minister was re- arrested for the same offense for which he was initially arrested and detained for about 42 days from October 24, 2016 to November 29, 2016, before he was granted bail by an Abuja High Court.

He noted that their client is already on court bail and EFCC administrative bail on the charges for which he was rearrested, arguing that their client has not violated his bail conditions, since he had maintained regular visits to the EFCC headquarters as was stipulated in the bail conditions.

“The offense for which he was rearrested is also a bailable offense”  adding that “there is no legal or constitutional basis for his continuous detention while the EFCC is already prosecuting the case.

” You will recall that you had arrested and detained our client from 24th October, 2016 till the 29th of November , 2016 without bail or arraigning him before a court of law. It is on record that a High Count of the Federal Capital Territory granted him bail while in your custody. .You further rushed him to court in November 2016, but you withdrew the charges same day. Our client was eventually released and has been on bail granted by the court pursuant to the enforcement of his fundamental rights”, the letter reads.

The counsel further stated that despite filling new charges against their client on the May 4, 2017, by the prosecutors, before the FCT High Court, ( charge no. Cr/ 177/17), Mohammed has remained in the custody of the EFCC, even when no date has been fixed for his arraignment

They are therefore asking the EFCC to facilitate his release Senator Bala on bail, failure of which may compel them to commence a proceeding for a contempt of court case against the EFCC since according to them” there is no legal or Constitutional basis for his current detention”

 

SEYI ANJORIN