Friday, April 8, 2011
Court grants bail el-Rufai for bribery
victor
5:33 AM
The Economic and Financial Crimes Commission (EFCC) yesterday, the minister re-arrested the former Federal Capital (FCT), Nasir el-Rufai, before the Federal High Court in Abuja over allegations of false attribution of land and abuse of power during his tenure as minister.
The Court however granted bail on self-recognition.
The Court recently ruled that the request of Mr el-Rufai, is seeking to stop his impeachment by the Commission was not justified and he must make himself available for trial.
The trial judge, Sadiq Umar rule on a preliminary objection by Akin Olujimi, counsel for Mr. el-Rufai, said the trial of former minister should go ahead.
Mr. Olujimi in the preliminary objections, argued that the charges against his client had no legal basis, having been made under a repealed Act, the ICPC Act 2003. He said under the repealed Act, the FCT High Court had no jurisdiction to hear the case and asked the court to waive fees and discharge the accused.
But the judge ruled that Umar EFCC had filed new charges based on the ICPC Act 2000, and held that under the Act, the EFCC had the power to amend the charges against the accused before trial.
"In this case, the accused have not yet been brought to justice to take their plea, so the court may grant leave to amend the EFCC charges contained in the provisions of the ICPC Act 2000, he said.
The judge also ruled that the EFCC under the provisions of Article 46 of the Act, the establishment has the responsibility to investigate all economic and financial crimes in the country.
A Federal High Court in Abuja had last year, threw the complaint against the former minister on the same issue. The presiding judge, Adamu Bello, ruled that the charges had no legal basis, having been filed under the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, 2000, a law that has since been repealed .
The judge dismissed the charges and released El Rufai.
However, the federal government responded to the dismissal of the charge by filing new charges to the Abuja High Court. Mr. El-Rufai, and two others were accused by the EFCC for allocating land illegally in the CTF for parents and friends, some of which included: Iyabo Obasanjo-Bello, daughter of former President Olusegun Obasanjo.
The other defendants are Altiné Jubrin, former director general of the Abuja Geographic Information System, and Ismail Iro, the former director general of the agency. The three men pleaded not guilty.
bail Liberal
At the meeting yesterday, Mr. Umar freed on bail in El Rufai in self-recognition after the former minister has pleaded not guilty to eight count, saying that, given past service in El Rufai as a minister and his respect of bail conditions previously imposed by the EFCC and the Federal High Court, the Court decided to exercise its discretion in granting bail to self-recognition.
He adjourned the case until May 17, 2011.
El Rufai and two others were indicted on charges relating to the allocation of plots in the federal capital. After the means were taken, Mr. Olujimi moved the bail application, asking the Court to grant him in very liberal.
But counsel for the EFCC did not oppose the request, citing the history of the case and the respect of accused persons to bail conditions earlier
The Court however granted bail on self-recognition.
The Court recently ruled that the request of Mr el-Rufai, is seeking to stop his impeachment by the Commission was not justified and he must make himself available for trial.
The trial judge, Sadiq Umar rule on a preliminary objection by Akin Olujimi, counsel for Mr. el-Rufai, said the trial of former minister should go ahead.
Mr. Olujimi in the preliminary objections, argued that the charges against his client had no legal basis, having been made under a repealed Act, the ICPC Act 2003. He said under the repealed Act, the FCT High Court had no jurisdiction to hear the case and asked the court to waive fees and discharge the accused.
But the judge ruled that Umar EFCC had filed new charges based on the ICPC Act 2000, and held that under the Act, the EFCC had the power to amend the charges against the accused before trial.
"In this case, the accused have not yet been brought to justice to take their plea, so the court may grant leave to amend the EFCC charges contained in the provisions of the ICPC Act 2000, he said.
The judge also ruled that the EFCC under the provisions of Article 46 of the Act, the establishment has the responsibility to investigate all economic and financial crimes in the country.
A Federal High Court in Abuja had last year, threw the complaint against the former minister on the same issue. The presiding judge, Adamu Bello, ruled that the charges had no legal basis, having been filed under the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, 2000, a law that has since been repealed .
The judge dismissed the charges and released El Rufai.
However, the federal government responded to the dismissal of the charge by filing new charges to the Abuja High Court. Mr. El-Rufai, and two others were accused by the EFCC for allocating land illegally in the CTF for parents and friends, some of which included: Iyabo Obasanjo-Bello, daughter of former President Olusegun Obasanjo.
The other defendants are Altiné Jubrin, former director general of the Abuja Geographic Information System, and Ismail Iro, the former director general of the agency. The three men pleaded not guilty.
bail Liberal
At the meeting yesterday, Mr. Umar freed on bail in El Rufai in self-recognition after the former minister has pleaded not guilty to eight count, saying that, given past service in El Rufai as a minister and his respect of bail conditions previously imposed by the EFCC and the Federal High Court, the Court decided to exercise its discretion in granting bail to self-recognition.
He adjourned the case until May 17, 2011.
El Rufai and two others were indicted on charges relating to the allocation of plots in the federal capital. After the means were taken, Mr. Olujimi moved the bail application, asking the Court to grant him in very liberal.
But counsel for the EFCC did not oppose the request, citing the history of the case and the respect of accused persons to bail conditions earlier
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