Chief Magistrate B.O. Osunsanmi of a Lagos Magistrate Court sitting in Ikeja has ordered that Robert Azibaola, a cousin to former President Goodluck Jonathan be remanded in the Economic and Financial Crimes Commission custody (EFCC).
The EFCC yesterday had brought an application before the court seeking for the detention of the defendant over the alleged diversion of $40 million meant for securing oil pipelines.
Azibaola will remain in the custody of the commission pending the completion of investigations over the funds allegedly paid to him through One-Plus Holdings, a sister company of Kakatar Construction Limited.
The payment was alleged to have been made to him by the detained former National Security Adviser, Col. Sambo Dasuki (rtd), to the defendant.
The matter was adjourned to May 23, 2016 while Robert Azibaola was ordered to be remanded at the EFCC custody.
Robert Aziboala, who has been in the EFCC custody since March 23, 2016, had earlier approached a Federal Capital Territory High Court for the enforcement of his fundamental human rights in a motion ex-parte dated and filed on April 5 and brought pursuant to Order 5 Rules 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Section 35 of the 1999 Constitution (as amended).
In the application, he had prayed the court to grant him an interim bail pending his arraignment before a court of law by the respondent (EFCC) or pending the determination of the substantive motion in this suit.
In his ruling, the trial Justice Goodluck Olasunbo of the Federal Capital Territory granted the prayer of the defendant when he held that Robert’s detention by the EFCC for over two weeks was unconstitutional.
Justice Olasunbo held that the applicant had disclosed sufficient evidence before the court to warrant the granting of his reliefs.
The judge, relying on the provision of the constitution, held that section 35 (5) of the constitution provides that a person who is under arrest or in detention shall be brought before a court of law within reasonable time.
The judge subsequently admitted Azibaola to bail, pending his arraignment before a court of law or pending the determination of the substantive motion on notice in the substantive suit filed before the FCT high court.
The bail conditions include two sureties each of whom shall be a serving or retired Director in any of the federal government ministries or parastatals and must be resident within the Federal Capital Territory while the applicant shall deposit his international passport to the Chief Registrar of this court.
In the same vein, the court ordered the EFCC to release Robert’s colleague and Executive Director of Kakatar Construction and Engineering Company Limited, Mr. Dakoru Atukpa, who had also been in detention for the same period.
A new twist was introduced into the matter as Azibaola was moved from Abuja to Lagos by the EFCC and made to appear before a Lagos Magistrate Court, Ikeja presided by Chief Magistrate Osunsanmi where the commission was granted an order for his detention.
