y Ikechukwu Nnochiri
ABUJA – Justice Olukayode Adeniyi of an Abuja High Court at Maitama, on Friday, declined to order the Economic and Financial Crimes Commission, EFCC, to release the former Deputy Governor of Osun State, Senator Iyiola Omisore, who has been in its custody since July 3, on bail.
Omisore who was alleged to have received about N1.3billion from the detained former National National Security Adviser, Col. Sambo Dasuki, retd, failed to persuade the court to order his release pending when a charge is formally entered against him by the anti-graft agency.
While refusing the bail request as “premature and incompetent”, Justice Adeniyi said the continued detention of the applicant in EFCC custody was in line with a subsisting court order.
The Judge said there was evidence that the anti-graft agency duly secured a remand order that permitted it to detain the applicant for 14 days pending the conclusion of investigation into allegations against him.
He maintained that Omisore ought to have waited till the expiration of the period before approaching the court with the bail application.
Besides, Justice Adeniyi who noted that sections 293, 294 and 296 of the Administration of Criminal Justice Act, ACJA, permits EFCC to renew the remand order for another 14 days if circumstances warrant so, said Omisore’s application was an invitation for his court to vacate an order by another court of the same coordinate jurisdiction.
“Having considered the totality of submissions of counsel in this matter, it has been established that there is a reasonable cause to remand the applicant in the custody in line with the provisions of the law.
“At any rate, there is no provision for entertainment of any application for bail, when the remand order issued by the court subsist. In order words, the 14 days remand order granted by the court is to run its full course”, Justice Adeniyi ruled.
He however stressed that the court has the power to admit a suspect on bail when sufficient reasons exist for it to do so.
EFCC had vehemently opposed the bail application Omisore who was the governorship candidate of the Peoples Democratic Party, in Osun State and Chairman, Senate Committee on Appropriation for 8 years, filed through his lawyer, Chief Chris Uche, SAN