Court Orders EFCC To Release Ex-Skye Bank Chairman

Cat:

Related stories

(VIDEO) Like Dancing Gov Adeleke, Wike Dances at UNIPORT’s Honorary Doctorate Conferment

By Abiola Olawale  The Minister of the Federal Capital Territory,...

Ranked: Southeast Asian Countries by Wealth, Spending & Size

Southeast Asia is a perfect microcosm of the world...

Intimate Affairs: When a woman padlocks her honey jar, By Funke Egbemode

By Funke Egbemode For a woman, sex is not just...

What To Expect From Monday’s OPEC+ Meeting

OPEC+ looks set to stay the course at Monday’s...

Garba Shehu Speaks on Buhari’s Medical Trips Abroad

• Says, they Were Personal Preference By Abiola Olawale Garba Shehu,...

Justice Yusuf Halilu of Abuja High Court yesterday ordered the Economic and Financial Crimes Commission (EFCC) to immediately release former Chairman of the defunct Skye Bank, Tunde Ayeni, who is currently being detained by the anti-graft agency.

Justice Halilu gave the order shortly after the court set aside an earlier order it granted the EFCC to detain Ayeni for 14 days.

Delivering the ruling in an enforcement of fundamental human right suit filed by Ayeni, the court held that the continued detention of the former Skye Bank chairman was illegal because the commission had suppressed facts which misled the court into granting its application for the detention of the plaintiff in the first place.

The anti-graft agency had last week approached the court through an ex-parte application seeking a 14-day remand order of Ayeni.

The EFCC had premised the request on the need to investigate a petition submitted by the office of the vice president in respect of his alleged roles as the chairman of the defunct Skye Bank.

The court then granted the said ex-parte application.

Ayeni had however approached the court to challenge the order as well as asking it to set aside the said remand order.

His lawyer, Ahmed Raji (SAN), submitted that the application was challenging the jurisdiction of the court and the action of the commission.

According to him, there is a pending suit before the Federal High Court against the applicant on the same subject matter and that the trial judge at the Federal High Court, Justice Nnamdi Dimgba, had in the particular case admitted him to bail.

He added that the bail condition had since been perfected.

Raji argued that the subject-matter in which the applicant was detained centres around Skye Bank issue which is already before the Federal High Court.

He, however, prayed the court to set aside the remand order and release the applicant.

Responding, EFCC counsel, A.I Audu, opposed the application on the grounds that the subject-matter of which the applicant is being detained was fresh, and quite different from that of the matter before the Federal High Court.

He added that apart from the petition submitted by the office of the vice president, the acting chairman of EFCC also received a petition against the applicant from a non-governmental organisation.

Audu, however, added that the applicant was invited based on the petition that he received about N8 billion from the Central Bank of Nigeria (CBN) to buy over Union Homes.

He further submitted that the applicant had been giving useful information to the commission but fell ill along the way and was consequently taken to the hospital.

According to him, it was the illness of the applicant that prompted the commission to seek an order to further remand him to complete the investigation.

Replying on point of law, Raji countered the respondent’s submission, stating that the petition which the respondent relied on to detain the applicant was dated 2015.

He further submitted that the amount in question was a loan which the applicant is already servicing.

However, he queried which law of the land made accessing a loan a crime.

After listening to the submissions of counsel, Justice Halilu said it was clear that the respondent suppressed some facts when it came to ask for a remand order.

He noted that the respondent did not attach the fresh petition it claimed was written against the applicant, rather attached a petition sent from the office of the vice president.

Justice Halilu held that the court was not aware of all the facts presented by the applicant and which the respondent could not deny.

“Having considered all the facts before the court, it is clear that the respondent suppressed facts to mislead the court. If indeed there is a fresh petition against the applicant, and a pending matter is before the Federal High Court, the respondent need not a remand order, but to apply to amend the charge in which it is prosecuting the applicant.

“By coming for a remand order, the respondent had come to tamper with the sacred right of the applicant, which he enjoys. I wonder why the respondent do not attach the fresh petition it claimed it received. What I have before me is a petition written by the office of the vice president.

“On this note, I hereby set aside the earlier remand order and order the immediate release of the applicant,” Justice Halilu held.

Hamilton Nwosa
Hamilton Nwosa
Hamilton Nwosa is an experienced, and committed communication, business, administrative, data and research specialist . His deep knowledge of the intersection between communication, business, data, and journalism are quite profound. His passion for professional excellence remains the guiding principle of his work, and in the course of his career spanning sectors such as administration, tourism, business management, communication and journalism, Hamilton has won key awards. He is a delightful writer, researcher and data analyst. He loves team-work, problem-solving, organizational management, communication strategy, and enjoys travelling. He can be reached at: hamilton_68@yahoo.com

Subscribe

- Never miss a story with notifications

- Gain full access to our premium content

- Browse free from up to 5 devices at once

Latest stories

NDN
Latest News
(VIDEO) Like Dancing Gov Adeleke, Wike Dances at UNIPORT’s Honorary Doctorate ConfermentRanked: Southeast Asian Countries by Wealth, Spending & SizeIntimate Affairs: When a woman padlocks her honey jar, By Funke EgbemodeWhat To Expect From Monday’s OPEC+ MeetingGarba Shehu Speaks on Buhari’s Medical Trips AbroadThai-Cambodian conflict pits a well-equipped US ally against a weaker adversary with strong China links2027 : Why Kwankwaso is Mulling Presidential Run, Triggers Conflicting SignalsAGF Fagbemi Warns Gov Adeleke: Refund 7 Months LGA Funds in line with Supreme Court OrderWhat Europe's response to a no-deal with Trump could look likeOil Prices Climb Amid U.S.-EU Trade Hopes and Russian Export RestrictionsU.S. Refiners Rethink Crude Sourcing After Chevron Gets Venezuela Green LightPresidency, Kwankwaso Clash Over Claims of Northern MarginalizationNatasha Faces Full Suspension as Senate Goes on RecessGovernor mourns as Emir of Gusau, Ibrahim Bello, Dies at 712027: INEC Receives 10 New Applications, Brings total to 144 Seeking Registration As Parties
X whatsapp