Date Published: 06/23/11

N35 m Fraud: Court remands MKO's son in EFCC custody

An Ikeja High Court on Thursday ordered Deji Abiola to be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) over an alleged N35.5 million fraud pending the filing of the bail application to be heard at the next adjournment.

Justice Adeniyi Onigbanjo ruled that the second son of the acclaimed winner of the annulled June 12, 1993 presidential election, M.K.O Abiola be re-arraigned in court on June 30 on a one-count charge bordering on conversion and stealing preferred against him by the Economic and Financial Crimes Commission, EFCC.

The commission had alleged that Mr Abiola collected N35.5 million sometime in 2008 from one Babatunde Jose, under the pretence of importing printing machines for him from Switzerland, while he was alleged never to have supplied the said machines to the complainant and had converted the money to his personal use.

The charge against Mr Abiola reads in the charge sheets: "Deji Abiola on or about 21st day of May 2008 at Lagos within Ikeja Judicial Division with intent to defraud knowingly and fraudulently converted the sum of N35,550,000 (thirty five million five hundred and fifty thousand naira) property of Hamza Babatunde Jose of Irede Property and Investment Company Limited," and cite that the alleged offence is punishable under section 390(8) (b) and (9) of the Criminal Code Law Cap c17 Vol.2 laws of Lagos State 20003 .

Chasing shadows

At the proceedings, EFCC lawyer, Omeiza Adebola asked the court to compel Mr Abiola to take his plea and be properly arraigned; pleading that the matter had been before the court since September 2, 2010, insisting that the charges should be read to the accused person.

The accused's lawyer, A.B. Kasumu, however, objected to his arraignment arguing that they were just notified about the process and that the accused, who had been enjoying administrative bail, granted him by the EFCC, had come to the court of his own volition.

He also urged that Mr Abiola should be granted sufficient time to consult with his lawyers before taking his plea as guaranteed by the right to fair hearing.

"We cannot take the plea today because an accused cannot take plea without advice from his counsel", Mr Kasumu argued and asked the court to grant his client bail or remand him in EFCC custody pending the filing of the bail application to be heard at the next adjournment.

The accused person could not take his plea before Mr Onigbanjo due to pleas by his counsel for time to study the charge. Consequently, he adjourned proceedings to Thursday June 30 for arraignment and consideration of the bail application, while he remanded the accused person in EFCC custody.