Face 5-Count charge *Remanded in EFCC custody
THE two detained former Ministers of Aviation — Prof Babalola Borishade and Chief Femi Fani-Kayode— were yesterday slammed with a five-count charge of criminal conspiracy, breach of official trust, breach of trust, forgery and misappropriation of N19.5 billion public fund meant for intervention in the aviation industry, at an Abuja Chief Magistrate Court.
Charged with them was former Managing Director of the Nigeria Airspace Management Authority (NAMA), Captain Rowland Iyayi. Their oral applications for bail were also refused by the chief magistrate.
They were all arrested at the National Assembly on Monday moments after testifying before the Senate Committee on Aviation.
The five charges preferred against them were contained in the First Information Report (FIR) filed by one Steve Ehi Odiase. Odiase is a Senior Detective Superintendent with the EFCC.
Chief Magistrate Lamido Mohammed Kabir, in a ruling, which took no cognizance of the lengthy legal arguments made before him, said he was unable to accede to their requests for bail because there were conflicting facts presented by the prosecution (EFCC) on the one hand and the accused applicants on the other, on the issue of bail.
He said such conflicts were better resolved by way of affidavit.
He consequently ordered that all the accused persons be remanded in EFCC custody till tomorrow when they are expected to have filed their formal motions for bail.
He said all the counsel appearing in the case should also make available all the authorities cited by them to him to enable him write a well informed ruling.
Besides, he said he would wantthe parties in the case to address him on the issue of jurisdiction of a magistrate court entertaining the charges preferred against the accused persons.
None of the accused persons raised the issue of jurisdiction before the court yesterday. He, however, said he would give the matter an accelerated hearing.
The EFCC asked the court to remand all the accused persons in detention for two more weeks to enable it conclude its investigation in the matter.
The commission also wanted the court to deny them bail on the ground that all the accused persons were influential with capacity to interfere with their witnesses and investigations.
Borishade and Fani-Kayode were said to have been arrested based on the information provided by Mr. George Eider, Managing Director of Avsatel Ges MB of Austria, who had earlier been arrested by the EFCC.
The company had won the N6.5 billion Safe Tower contract, which was said to have been inflated.
The Austrian was said to have made useful statements to the EFCC about the two ministers and the contract.
EFCC had also arrested Eider, whose company got the controversial N6.5 billion Safe Tower Project, last Wednesday at the National Assembly.
Eider was thereafter arraigned before the same Magistrate Court sitting in Life Camp.
Borishade, Fani-Kayode and Iyayi were all smiles before, during and after they were arraigned and denied bail.
Although Borishade seemed weak and leaned on the dock much of the time the proceedings lasted, he said he was in good spirit.
His lead counsel from Chief Afe Babalola’s chambers, Mr B J Akomolafe, applied that he be allowed to sit down in the dock in view of his age and his apparent weakness.
Borishade wore a native attire with a cap to match while Iyayi was in black suit, wearing a t-shirt underneath.
Femi Fani-Kayode stood up all through the proceedings. But he helped himself to a bottle of water which he sipped at intervals.
Accused unfazed by charges
All the accused persons dismissed the charges against them as untenable.
Vanguard caught Prof Aborishade patting his wife yesterday on the premises of the Chief Magistrate Court, saying she should relax and that there was nothing to worry about.
Iyayi who looked worried all through also managed smiles yesterday. He said there was nothing to worry about.
Fani-Kayode who pulled a crowd at the court said his hands were clean.
Personal Assistant to Fani-Kayode, Mr Bayo Oladeji, who was in court said his boss knew nothing about the deal and that he was even the whistle-blower.
But the EFCC represented in court yesterday by Steve Odiase said the commission had a water-tight case against all of them.
He said he was very happy with the court’s ruling which denied them bail.
He told the court that a lot had been discovered after the statements of the accused persons were taken. He said there was no way the commission could conclude investigation in the matter without going abroad to verify some documents and facts released by them.
AFCC wants trio remanded for 2 weeks
Iyayi said his men would need not less than two weeks to round off investigation in the case and that it would be in the interest of justice not to allow them on bail as they would use their wide influence to interfere with not only the investigation but also their witnesses.
Although all the accused persons through their counsel yesterday dismissed as speculative the insinuation that they would interfere with investigation, the court would not make any pronouncement on their submissions yesterday.
Early yesterday, family friends, political associates and sympathisers of the accused persons had thronged the Chief Magistrate Court to witness the arraignment of the accused persons.
Although no one was sure of the exact court where the accused persons would be arraigned, those who thronged the Abuja Chief Magistrate Court in Life Camp perhaps did so because the Austrian who implicated the accused persons was arraigned before the magistrate court last Friday.
As at 10:30 am yesterday, the Chambers of Chief Afe Babalola (SAN) already briefed to represent Prof Aborishade did not know when and where the accused persons would be arraigned.
According to the Head of the Chambers, Mr Bankole Akomolafe, who spoke with Vanguard on phone, he said all they had was that the EFCC was planning to procure an order to lawfully detain them for an upward of two weeks to enable them carry on with their investigations.
He told Vanguard that he would go there to watch proceedings and defend the interest of his client.
As soon as the oral bail applications were refused, Akomolafe told newsmen that he was amazed by the ruling of the court.
He said he had expected the court to consider their legal arguments on bail on its merit and rule instead of asking them to come formally.
He said the main point raised by the trial chief magistrate was the issue of conflicting facts presented by parties to him and that there were no conflicting facts presented before the magistrate.
He, however, said since the court had ruled, there was nothing anybody could do about it other than to comply with its order that formal bail applications be filed in the matter.
All the accused persons were taken away yesterday by the EFCC to its custody in a white 18-seater Toyota Hiace bus with number plate AU 329 YAB.