Date Published: 05/11/10

EFCC Arraigns Ex-Convict Over Fresh N90 Million Fraud

The Economic and Financial Crimes Commission, EFCC, on Tuesday April 11, re-arraigned a Lagos socialite, Sunday Akinyemi who is equally wanted by security agents in the United States and his accomplice, Olu Osho on a 30 count charge of conspiracy to steal, stealing, forgery and uttering before Justice J. Adebajo of the Igbosere High Court, Lagos .

The accused persons were said to have conspired to steal about N90 million from Texas Connection Ferries Limited, when Akinyemi held sway as its managing director. Soon after the accused persons pleaded not guilty to the charges, counsel to the accused persons, Professor Ibidapo Obe moved for their bail which was vehemently opposed by the EFCC counsel, Muslim Hassan. The prosecution lawyer told the court that he was entitled to at least 48 hours to study the motion served on him by the defence counsel.

Justice Adebajo thereafter adjourned the case to May 18 for  ruling on the bail application while agreeing that the prosecution counsel was statutorily entitled to time to study the application and respond. He equally ordered that the accused be returned to prison custody.

Akinyemi who had earlier been convicted for fraud in the US and his co-traveller have spent about three months in prison custody for their alleged offence. They were first arraigned by the EFCC before on the 16 th of March before Justice Oke Lawal of the Lagos High Court. Akinyemi’s application for bail was refused by Justice Oke Lawal on the 24 th of March because of the criminal record of the 1 st accused person.  Their subsequent arraignment before Justice Adebajo is sequel to a petition dated April 16 by counsel to the accused person, Professor Ibidapo Obe who petitioned the chief judge that they were uncomfortable with Justice Lawal handling the case. The case was thereafter re-assigned to Justice Adebajo.

While turning down the request for bail, Justice Lawal had said that  “the prosecutor has placed before the court evidence of criminal antecedents of the defendant, coupled with the other factors of the nature of the charges, strength of evidence, the severity of the punishment, likelihood of repetition of offence, danger of accused absconding and/or interfering with the witness. I find that the prosecution has placed weighty evidence before the court.” He added that “the contention of counsel to the applicant that the court should not take into consideration the exhibits attached because they are certified by the USA and are photocopies is irrelevant at the stage as admissibility issues are not for consideration at this stage, and oral evidence cannot be given by counsel from the bar to discredit the content of a document.”

The Honourable Justice had also stated further in his ruling that “there is always the discretion to refuse bail if the court is satisfied that there are substantial grounds for believing that the applicant will abscond or interfere with witnesses or obstruct justice or on the record of convictions or likelihood of repetition of offence and real evidence that the accused will suppress or interfere with witnesses or evidence.

“It is clear in this case that the prosecution has placed before the court weighty reasons why the applicant should not be granted bail. The facts have not been discredited by the applicant. The facts as contained in the documents attached to the counter affidavit are unchallenged and uncontradicted.”

Justice Lawal’s ruling was based on the submission of EFCC counsel, Rotimi Oyedepo who told the court to refuse the accused persons bail. He said the first accused  has jumped bail in the US and that there was no guarantee that he would not jump bail again.

Indeed, an enquiry from the US Department of Justice, Federal Bureau of Investigation by EFCC Operatives lent credence to this. A letter from the Office of Legal Attache, US Consulate General, Lagos stated thus: “Per US Criminal history checks conducted on 27 April 2009, Sunday Akinyemi, also known as (AKA) Sunny Osho Akinyemi, Sunny Adegun and Oladunni Akinyemi, Date of Birth 6 December 1955 (also used 5 November 1948 and 14 June 1955) was arrested in July 1993 by the Drug Enforcement Administration in Houston, Texas on charges on money laundering, conspiracy and possession of heroin. On 22 September 1995 he was convicted and sentenced to 108 months in prison, after violating terms of pre-trial release on 10 August 1993. On 10 November 2004, Akinyemi was arrested by the US Internal Revenue Service (IRS) in Jacksonville , Florida on charges of income tax violations. Akinyemi failed to appear for judicial proceedings and an arrest warrant was issued by the US Marshals Service in Houston, Texas for his arrest on 9December 2004.”

Femi Babafemi

Head, Media & Publicity

11/5/2010