By Onyewuchi Ojinnaka
The legal adviser to Alhaji Atiku Abubakar, Uyiekpen Giwa-Osagie (SAN) and second defendant Erhunse Giwa-Osagie who were charged by the Economic and Financial Crimes Commission (EFCC) over alleged money laundering of USD 2 million were on Thursday granted bail in the sum of N20 million each with one surety each in like sum.
Justice Nicholas Oweibo granted the defendants bail in his ruling after arguement on bail application by counsel to parties.
In addition to the sum of N20 million, each of the sureties should be property owner within the jurisdiction of court. They should also deposit their international passport with the EFCC.
The judge however ordered that the defendants be released to their lawyers pending perfection of their bail terms.
Earlier Ahmed Raji (SAN) counsel to first defendant had asked court to admit the defendant yo bail on liberal terms, submitting that they have been on administrative bail. He further submitted that they have been reporting to EFCC as instructed and never absconded even once.
Ahmed on the alternative applied that the defendant be released to him on trust.
Norrison Quakers(SAN) aslo argued in same line with Ahmed Raji in favour of the second defendant.
However the application was opposed by the prosecutor Rotimi Oyedepo, arguing that if grantrd bail, the defendants will interfere with the witnesses and intimidate/influence them.
The two defendants had yesterday (Wednesday) pleaded not guilty to three counts charge preferred against them by the anti-graft agency.
The prosecutor had urged the court to fix a trial date in view of the plea of the defendants while also asking the court to remand the defendants in prison custody.
Responding Ahmed Raji (SAN) counsel to first defendant Uyiekpen Giwa-Osagie told the court that he had filed bail application for the two defendants, adding that the prosecution has been served but yet to reply. He urged the court to hear the appllication on Thursday (today) since it is a bailable offence while asking that the defendants remain in EFCC custody.
Second defendant’s counsel Norrison Quakers (SAN) had alligned with counsel to Uyiekpen.
In his response, Oyedepo said that he received the process a while ago but added that he would try as much as possible to respond and serve the defence.
He agreed with the defence that the application be taken on Thursday
In his ruling, Justice Oweibo adjourned till Thursday (today)for hearing of the application and ordered the defendants to remain in custody of EFCC pending the hearing of their application.
The Charge:
“That you UYIEKPEN GlWA-OSAGIE and ERHUNSE GlWA-OSAGIE, sometimes in February, 2019 in Nigeria within the jurisdiction of this Honourable Court conspired to commit an offence to wit: making cash payment of the sum of $2,000,000.00 (Two Million United State Dollars) without going through financial institution which sum exceeded the ‘ amount authorized by Law and you thereby committed an offence contrary to Section 18(a), and 1(a) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 16(2)(b) of the same Act.”
“That you UYIEKPEN GIWA-OSAGIE on or before the 12‘” day of February,2019 in Nigeria within the jurisdiction of this Honourable Court, procured ERHUNSE GIWAOSAGIE to make cash payment of the sum of $2,000,000.00 (Two Million United State Dollars) without going through financial institution, which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Section 18(c) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 16(2)(b) of the same Act.”
“That you ERHUNSE GlWA-OSAGIE. sometimes in February, 2019 In Nigena within the jurisdiction of this Honourable Court made cmh payment of the sum of $2,000,000.00 (Two Million United State Dollars) wrthout gomg through financial institution, which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Sections 1(a). & 16(1).(d) of the Money Laundering (Prohibition) Act, 2011 (as Amended) and Punishable under Section 16 (2)(b) of the same Act.”