N300m fraud: EFCC arraigns Haliru Mohammed, son

Economic and Financial Crimes Commission (EFCC) has arraigned a former defence minister and former acting chairman of the People’s Democratic Party (PDP), Haliru Mohammed and his son, Bello Mohammed on a four-count charge of criminal conspiracy to take possession, convert, and retain the sum of N300 million.

The duo alongside Bam Projects and Properties Limited were arraigned before Justice Ramat Mohammed of the Federal High Court Abuja, on a four-count charge to which they pleaded not guilty.

The accused persons, who were earlier due for arraignment before the court on Thursday, December 30, 2015, were absent due to ill health of Haliru Mohammed (3^rd defendant), who was still recuperating from a surgery he had.

However, at the resumption of their arraignment, the former PDP chairman, who was wheeled into the court, having pleaded not guilty to the charges when read to him, sought the court through an application for bail.

Pursuant to Section 162 of the Administration of Criminal Justice Act and Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended, counsel to Bello Mohammed (1^st defendant and son of the former PDP chair), prayed the court to grant him bail pending the hearing and determination of the suit initiated against him.

In an application supported by six exhibits, which included an order made by Justice Okeke of a Federal Capital Territory High Court in Abuja, which had earlier granted bail to him, in a matter of fundamental rights instituted against the complainant (EFCC), Ogala Osoka, counsel to Bello urged the court to grant him bail on liberal terms, having been granted bail by another court and an administrative bail by the complainant.

Similarly, the ex-PDP chairman, Haliru, in pursuant to Section 162 and 165(1) of the Administration of Criminal Justice Act (ACJA), Sections 35 and 36 (5) and (6) of the 1999 Constitution, prayed the court to grant him bail on health grounds and on self-recognition and in the alternative, on liberal terms.

Citing Suleiman vs Commissioner of Police, reported in 2008, All Federation Weekly Law Reports parts 425 at page 1621, particularly 1629-1631, counsel to Haliru, Abdulazeez Ibrahim in his submission, noted that for the court to consider his bail, it must also consider his appearance and availability to stand trial, as he is still recuperating from a surgery.