The Economic and Financial Crimes Commission (EFCC) has arraigned three persons before Justice A.I. Kutigi of a Federal Capital Territory, FCT High Court in Apo over allegations of fraud.
In a statement from the EFCC spokesman Mr Wilson Uwujaren, the defendants – Aliyu Waziri, Imam Yakubu and Eneikarewajai Gordons were arraigned on Tuesday on a two-count bordering on advance fee fraud.
They were accused of defrauding MAF Construction Limited and D207 Construction Limited of N44 million, after posing to be in charge of the Nigerian Labour Co-operative Society Mass Housing Estate Project in Abuja.
One of the counts read: “That you Aliyu Waziri, Imam Yakubu and Eneikarewajai Gordons sometime in December 2015 in Abuja within the jurisdiction of this Honourable Court with intent to defraud did conspire to obtain by false pretence the sum of N44,000,000 from MAF Construction Limited and D207 Construction Limited under the false pretence of awarding contract of Nigerian Labour Co-operative Society Mass Housing Estate Project in Abuja”.
The accused persons, however, pleaded “not guilty” to the charges when they were read to them.
Prosecuting counsel, Y.Y. Tarfa, subsequently told the court that the anti-graft agency was ready to proceed with the trial.
However, counsel for Waziri, A.B. Eleburuike, and counsel for Yakubu and Gordons, I.A. Chidi, informed the court of a bail application to be moved on behalf of their clients.
Citing Section 35 (1) of the 1999 Constitution and Section 158 of the Administration of Criminal Justice Act, ACJA 2015, Chidi, who moved the motion on behalf of the defendants, argued that “in the circumstance, the defendants are on administrative bail and the prosecution had no cause to look for them”.
“They have also assisted the respondent in the course of investigations, and so they will not interfere with the trial and will not also escape justice,” he said.
He further urged the court to grant them bail on liberal terms but Tarfa opposed the application for bail on liberal terms, urging the court to consider the possibility of them interfering with witnesses.
Ruling on the application, Justice Kutigi held that the offence was bailable, saying, “All of them are presumed innocent until contrary, and nothing before the court suggests that they will be unavailable for trial. Moreover, they were granted administrative bail by the EFCC.”
The judge further adjourned till June 7 for “definitive hearing”, and granted them bail in the sum of N500,000 with two sureties in like sum, who must not be less than Level 8 in the Civil Service and resident in Abuja.
