Magistrate orders Fani-Kayode’s remand for three weeks
Fani-Kayode, who spearheaded
ex-President Goodluck Jonathan Campaign Organisation in the 2015 general
election, was arrested by the EFCC over an alleged fraud of N1.5bn in
relation to his role in the election.
The remand order made on Monday was
pursuant to an application by the EFCC, praying the magistrate for an
order to keep Fani-Kayode in custody pending when he would be arraigned
before the proper court upon conclusion of investigation.
Counsel for the EFCC, Mr. A.N. Anana,
told the magistrate that the order to remand Fani-Kayode was being
sought under the provisions of Section 261 of Administration of Criminal
Justice Law of Lagos State, 2011.
“We have an application before the court
dated May 10 for an order of remand brought pursuant to Section 261 of
ACJL; attached with it is a nine-paragraph affidavit of urgency deposed
to by one Tosin Ngbodagha,” Anana told the magistrate when the case was
called at about noon on Monday.
But in opposition to the EFCC’s prayer,
Fani-Kayode’s lawyer, Mr. Wale Balogun, accused the anti-graft agency
of acting illegally and breaching the constitutional rights of his
client, who, he claimed, had been granted an administrative bail on May
12 by the EFCC and ought to have been released to enjoy the bail.
Besides, Balogun contended that the EFCC
ought to release his client since the remand order made by an Abuja
chief magistrate to remand him for 14 days had lapsed.
“We are asking the court that defendant
cannot be remanded in view of the fact that the matter is pending before
the high court on the same subject, under the Criminal Justice Act of
Lagos. It is a breach of constitution. They granted him bail but refuse
to release him,” Balogun added.
But after standing the matter down for
some time, the magistrate, in a ruling delivered at about 2.07pm, said
the defence counsel had placed no record before the court to prove that
the case was already before the high court.
She granted the application by the EFCC
to remand Fani-Kayode for three weeks pending when he would be arraigned
before the proper court.
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