$242m Scam: Court Rules on Bail Aug 19
By Abimbola Akosile and Nike Mesagan
An Ikeja High Court judge, Justice Olubunmi Oyewole, has adjourned till August 19 the ruling in the three bail applications filed by accused persons allegedly involved in an advance fee fraud a.k.a. 419 scam totaling $242million. Trial dates were earlier set for October 4th, 5th, and 6th.
The three accused persons, Chief Emmanuel Nwude, Mrs. Amaka Anajemba and Mr. Nzeribe Edeh Okoli, were re-arraigned in Lagos on July 23 by the Economic and Financial Crimes Commission (EFCC) to face a new 98-count charge, following an Abuja High Court's dismissal of the former 86-count charge brought against the accused persons for alleged lack of territorial jurisdiction. Accused persons are presently remanded at Ikoyi and Kirikiri (Women) Prisons.
At the Ikeja High Court yesterday, Mr. Amobi Nzelu, counsel to Okoli adopted the submissions earlier made by Chief Rotimi Williams (SAN) counsel to Anajemba and Mr. Alex Izinyon, Nwude's counsel, arguing for bail applications for their clients before the same judge.
Nzelu revealed that the third accused person, first arrested on June 3, 2003, had earlier been granted bail and he did not jump bail then. "Power to grant bail is purely at the discretion of the court. Right of the accused person to bail is a constitutional right. Even during investigation, they have power to grant bail," he said.
He urged court to set aside the proof of evidence in the matter of bail application because trial had not commenced, and to adopt a liberal approach while considering bail in line with section 35(4)(a) of the 1999 Constitution, and to grant the third accused applicant bail.
Mr. Rotimi Jacobs, lead prosecution counsel, in his submission, claimed the charges against the accused person were serious ones, and if released on bail, would not re-appear in court. "I submit that the document sent to Nelson Sakaguchi in respect of the fictitious contract (referred to in pgB80 of proof of evidence), contained a telephone number. In that letter, accused applicant on pg100B confessed that he was the owner of that telephone number, apart from the confirmation by NITEL," Jacobs said.
He informed court that Okoli, in his statement, had claimed he was aggrieved that both Nwude and late Ikechukwu Anajemba had cheated him out of his share of another $2 million paid into his account by Sakaguchi, despite the fact that they (accused persons) had visited a shrine alongside some lawyers to swear on oath not to betray each other.
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