Fani-Kayode’s trial stalled over his detention at Kuje prison

Muslim Hassan, justice of the federal high court, Lagos, has flayed the Economic and Financial Crimes Commission (EFCC) for detaining Femi Fani-Kayode after he was granted bail.

Hassan, who is handling the trial of Fani-Kayode, who is accused of money laundering to the tune of N4.9bn, expressed displeasure at the absence of the defendant in court on Monday.

Fani-Kayode, a former spokesman of former President Goodluck Jonathan’s campaign organisation, is charged alongside Nenandi Usman.

On October 21, he was re-arrested by the EFCC at the premises of the court after he was granted bail.

When the case was called on Monday, Wale Balogun, counsel to the defendant, told the court that his client was in Kuje prison, and that the EFCC kept him in detention for 21 days and brought him before the Abuja division of the court.

“My lord, I recall that on October 21, I informed this court that the EFCC were planning an arrest of the second accused,” he said.

“And I remember that my lord advised that in view of his pending trial before the court, he should be invited here whenever the need arises.

“My lord, on the said day, after the court had risen, the second accused was arrested within the court’s premises.

“I requested for an arrest warrant from the leader who informed me that there was none to that effect but told me that the order was `from above’.

“The second accused was taken to the EFCC Lagos and kept till 5 pm when another other order came from `above’ to move him to Abuja immediately.

“My lord, the second accused was kept in custody of the prosecution for 21 days without any word.

“He was finally arraigned on November 10 before your learned brother Justice John Tsoho in Abuja, on a five count charge bordering on N26 million.

“He was subsequently remanded at the Kuje prisons and in view of this, we are helpless, as his bail conditions have not been perfected in spite of frantic efforts by family and friends.’’

Responding, Rotimi Oyedepo, counsel to the EFCC, told the court that the arraignment of Fani-Kayode before the Abuja division of the court had nothing to do with the present case.

He claimed that the defendant’s subsequent arrest was with a view to serving him with the charge, and not to disrespect the court.

Apparently displeased with the submission of the EFCC counsel, the judge said: “He (Fani-Kayode) was arrested in the court premises in flagrant disobedient of the order of this court and kept in detention for 21 days.”

“In a civilised society, are you supposed to keep him in detention after he was granted bail?

“I will refrain from making any comment in relation to the arrest of the second accused in the court’s premises in spite of being granted bail.

“This case is adjourned at the instance of the prosecution to December 12, while the earlier date of Nov 15 is hereby vacated.”