N544m contract: Babachir remanded in EFCC custody
The immediate-past Secretary to the Government of the Federation (SGF), Babachir Lawal, was yesterday remanded in the custody of the Economic and Financial Crimes Commission (EFCC).
He was arraigned on a 10-count charge bothering on conspiracy and fraud before an FCT High Court in Maitama. Others arraigned along with him are Hamidu David Lawal, Suleiman Abubakar, Apeh John Monday and two companies, Rholavision Engineering Ltd and Josmon Technologies Ltd.
The charge against the defendants was as regards alleged fraud in the award of N544 million contract to Rholavision Engineering Ltd for the removal of invasive plant species and simplified irrigation by the office of the Secretary to the Government of the Federation (OSGF) through the Presidential Initiative for North East (PINE).
Upon their pleas of not guilty, the prosecution counsel, Mohammed Abubakar asked the court for a short date to commence hearing.
However, Lawal’s lawyer, a former Attorney-General of the Federation (AGF) and Minister of Justice, Akin Olujinmi (SAN) informed the court of a bail application for the defendant.
“When I attempted to serve the application on the prosecution, I met a brick wall. They refused to accept the application. This morning (Tuesday), when I informed the prosecutor, he said he wasn’t aware that somebody in their office refused to accept service of the application. All the same, he offered to accept service of the application. It has, therefore, become compelling for me to make an oral application for the defendant’s bail,” Olujinmi said.
In making the oral application for bail, he relied on the decision of the Court of Appeal in the case of Abiola vs FRN reported in 1995, where the Court of Appeal reportedly held that the trial court can treat an oral bail application.
He, therefore, urged the court to grant the former SGF bail on selfrecognizance.
Counsels to other defendants also made bail applications on behalf of their clients.
However, prosecution counsel opposed all the applications. According to him, the Abiola vs FRN case relied upon by the senior advocate to make the oral application was not applicable in the current case. He also said in line with Section 162 of Administration of Criminal Justice Act (ACJA), an application for bail needed to present before the court sufficient materials to enable the court to exercise its discretion.
After listening to arguments on the bail applications, the trial judge, Justice Jude Okeke said the court was inclined to giving a considered ruling on the applications and as such adjourned proceedings till today to deliver the ruling.
He further held that in the interim, the defendants should be kept in the custody of the EFCC.