A Federal High Court in Abuja thursday
remanded former Group Managing Director of the Nigerian National
Petroleum Corporation (NNPC), Mr. Andrew Yakubu, who was accused of
stashing over N3billion in his house in Kaduna, in Kuje Prison.
The trial judge, Justice Ahmad Mohammed remanded him in prison pending the time the court will rule on his bail application.
The Economic and Financial Crimes
Commission (EFCC) yesterday arraigned him on a six-count money
laundering charge. He pleaded not guilty to the offences.
Yakubu, who was GMD of the NNPC between
2012 and 2014, will remain in prison till March 21, a date the court
fixed to rule on his bail application.
In ordering that he be remanded in
prison, the judge rejected plea by Yakubu’s lawyer, Mr. Ahmed Raji
(SAN), to rather remand his client in EFCC custody.
“Raji, when somebody’s plea is taken, the prosecution no longer has control over such defendant who has become a property of the court.
“Raji, when somebody’s plea is taken, the prosecution no longer has control over such defendant who has become a property of the court.
“It will be a negation of the
Administration of Criminal Justice Act to allow the prosecution to still
retain the defendant in its custody. God willing, the ruling will be
delivered on the next adjourned date,” the judge ruled.
Raji had earlier prayed the court to grant his client bail either on self-recognisance or on very liberal terms.
According to him, sections 158 to 165 of the Administration of Criminal Justice Act (ACJA), 2015, provide for granting bail to a defendant unless he is charged with a capital offence.
Raji had earlier prayed the court to grant his client bail either on self-recognisance or on very liberal terms.
According to him, sections 158 to 165 of the Administration of Criminal Justice Act (ACJA), 2015, provide for granting bail to a defendant unless he is charged with a capital offence.
He argued that counts one and two of the
charge attracted maximum of five years imprisonment upon conviction,
while count three and four stipulated that 25 per cent of the alleged
loot be forfeited to the federal government while the last two counts
could only attract 10 years jail term.
“My lord the burden to prove that an accused or defendant is not entitled to bail in non-capital offences, as in this one, is on the prosecution.
“My lord the burden to prove that an accused or defendant is not entitled to bail in non-capital offences, as in this one, is on the prosecution.
“In all the counter affidavits, they have not placed anything before this court to discharge that burden.
“The defendant is a responsible Nigerian who has no criminal record and has served his father land very well. I submit that the prosecution has not justified why he should be denied bail.
“The defendant is a responsible Nigerian who has no criminal record and has served his father land very well. I submit that the prosecution has not justified why he should be denied bail.
“I urge my lord to give the defendant bail on liberal terms, if not on self-recognisance,” Raji submitted.
He said Yakubu was ready to face his trial, adding that he had options of not returning to the country. “He had a long visa, but he came back,” he said.
He said Yakubu was ready to face his trial, adding that he had options of not returning to the country. “He had a long visa, but he came back,” he said.
However, EFCC opposed Yakubu’s bail
request, even as it urged the trial judge to exercise his discretion in
the overall interest of justice.
“My lord you are entirely in control of the scale of justice and the nation is entitled to justice.
“If the court is mindful of granting their request for bail, we ask that the court give stringent conditions that will compel the defendant to attend his trial.
“If the court is mindful of granting their request for bail, we ask that the court give stringent conditions that will compel the defendant to attend his trial.
“We vehemently oppose his prayer to be released on self-recognisance,” EFCC lawyer, Mr. Ben Ikani, submitted.
He noted that though Yakubu claimed he has health challenges, he however failed to adduce any medical report indicating that he has any chronic ailment.
He noted that though Yakubu claimed he has health challenges, he however failed to adduce any medical report indicating that he has any chronic ailment.
“Yes, his health is important, we agree.
The issue is that EFCC is a 21st century law enforcement agency. Since
he has been in custody, we have constantly monitored his health. EFCC
takes good care of people in its custody not to talk of a former GMD of
the NNPC. We have adequate facility to take care of him.
“We concede that he submitted himself
voluntarily. But the issue that is of concern to us is his prayer that
his international passport be temporarily released to him. We oppose
that application in its entirety,” the prosecution added.
Acting on a tip-off, EFCC, raided
Yakubu’s guest house situated at Sabon Tasha, Kaduna State, where it
recovered foreign currencies.
The anti-agency said it discovered the sum of $9.7million and £74,000 that Yakubu hid in a fireproof safe inside the house.
The anti-agency said it discovered the sum of $9.7million and £74,000 that Yakubu hid in a fireproof safe inside the house.
The defendant earlier asked the high
court to order the commission to return the seized money to him,
insisting it was part of monetary gifts he received on various
occasions.
FG had in the charge marked FHC/Abj/ CR/ 43/ 2017, alleged that Yakubu failed to declare the money in the assets form he filed at the EFCC on August 18, 2015, and thereby committed an offence contrary to section 27(3) (a) of the EFCC (Establishment) Act 2004 and punishable under section 27(3) (c) of the same Act.
FG had in the charge marked FHC/Abj/ CR/ 43/ 2017, alleged that Yakubu failed to declare the money in the assets form he filed at the EFCC on August 18, 2015, and thereby committed an offence contrary to section 27(3) (a) of the EFCC (Establishment) Act 2004 and punishable under section 27(3) (c) of the same Act.
Culled from Thisday
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