By Jude-Ken Ojinnaka
Justice Ibrahim Ahmad Kala of a Federal High Court sitting in Lagos on Monday, reserved ruling until February 6, on a bail application by a businessman Lanre Smith charged with US$26,000 fraud.
Trial is expected to commence immediately after ruling on his bail application.
Justice Kala fixed the date for ruling, after hearing arguments of defence counsel and counter argument of prosecution counsel on bail of the defendant.
Both counsel had moved their applications for and against bail of the defendant.
TheNiche had reported that the Force Criminal Investigation Department (FCID) of the Nigerian Police had arraigned the defendant Lanre Smith on January 30.
He is standing trial on a three-counts charge bordering on conspiracy, laundering of funds obtained through unlawful activity and fraud.
He had pleaded not guilty to the charge and the court had adjourned the case until February 5, to hear his bail application.
When the case was called on Monday, ASP Mike Enejere, appeared for the prosecution while Mr Akin Apara appeared for the defendant.
Mr A E Ushie also announced appearance as watching brief for the nominal complainant
Defence counsel then informed the court of a bail application of the defendant, which he said was brought pursuant to the provisions of Section 115(2) of the Administration of Criminal Justice Act, 2015 and Section 36 of the constitution .
He urged the court to grant the defendant bail on liberal terms, as he moved in terms of his application.
On his part, the prosecutor also moved and adopted his 11 paragraphs counter affidavit, challenging the grant of bail to the defendant.
He urged the court to go through all processes filed by counsel, and exercise its discretion in favour of the prosecution, and refuse bail to the defendant.
Besides, the prosecutor informed the court that the star witness for the prosecution was in court after arriving Nigeria late on Sunday.
He told the court that the witness is ill and unable to begin his evidence at the moment and urged the court to grant an adjournment.
After listening to counsel, the court adjourned ruling on the bail application as well as trial to February 6..
In the charge, prosecution alleged that the defendant knowingly conducted a financial transaction which is proceeds of an unlawful activity.
He alleged that the defendant, deceived one Lindy Drake to deposit the sum of US$ 26,000 into a U.S.A Well Fargo account with name Wilok Limited, and operated by one Okwudili Okeke.
He alleged that the act was intended to promote the carrying on of a specified unlawful activity.
The defendant was also alleged to have obtained the sum of about N10.1 million from the said Okeke, under the pretence that he had deposited the said sum of US$26,000 into his U.S.A Well Fargo account.
The representation was said to be false and the funds was said to be proceeds of unlawful activity.
The offences contravenes the provisions of Sections 1(1)(a), 7 and 7(2)(b) of the Advanced Fee Fraud and Other Fraud Related Offences Act, 2006.
