Bail Application: Akala Knows Fate On Thursday

Hearing commenced on Wednesday on the bail application filed by the former Governor of Oyo State, Otunba Adebayo Alao-Akala and two other accused persons, Senator Hosea Agboola and Engr. Femi Babalola. The three are facing eleven counts ranging from award of contract without budget provision to concealment of true ownership of properties and acquisition of property with the use of funds derived from illegal act.

The hearing opened with the Lead defence counsel, Mamman Osumah telling the court that the prosecution team served his team three counter-affidavits just twenty minutes before the commencement of the hearing. He said since it is the ethical responsibility of his team to give the clients the best conceivable defence, he applied that the matter be stood down for twenty minutes to allow him and his team prepare their response. The judge magnanimously stood the matter down for 30 minutes.

On resumption, the defence counsel told the court that three applications had been filed in favour of the three accused persons. For the first accused person, the counsel cited Section 118 (2) and 123 of the Criminal Procedure Act and urged the judge to admit the first accused person, Otunba Alao-Akala to bail pending the outcome of the trial.

Attached to the application was an affidavit deposed to by one Olamijuwonlo Akala as well as a medical report.  Defence describes paragraph 4 (e) of the counter affidavit tendered by the prosecution which says the 1st accused, Otunba Akala is healthy as ludicrous. He says it is contrary to an affidavit deposed to by the accused person’s son.

The application for the second accused person had a 15-paragraph affidavit deposed to by one Julius Agboola while the third accused person’s application had a 21-paragraph affidavit deposed to by Peju Babalola.

Osunah took his argument from the angle of the counter-affidavit as he pointed out that it was not duly stamped. He averred that though it was purportedly signed by the Commissioner for Oaths, the signature was not something the court could take judicial notice of.

The defence counsel also told the court that his clients should be admitted to bail based on the contradictions in the counter-affidavit of the prosecution. He pointed out that while the prosecution tries to prove that it is ready to prosecute, it is contained in its affidavit that it has not concluded investigation.

Osuman also pointed out that Section 19 of the Advance Fee Fraud Act 2006 allows for the accused to be admitted to bail. He went further to tell the court that the prosecution had commenced its investigation since 2009 and it is still ongoing.

For the second accused person, the counsel noted that the main criterion in a bail issue is the capability of making the accused person available for trial. He also stated that as long as an accused person has not previously jumped bail, he is entitled to protection, freedom of movement and presumed innocence, no matter how heinous the crime may look. He reminded the court that the second accused person is a serving Senator of the Federal Republic of Nigeria.

The Defence counsel also told the court that the third accused person, Femi Babalola requires the constant medical attention of his personal physician which he stated would be impossible if he remains in the custody of the Economic and Financial Crimes Commission.

Prosecuting counsel, Godwin Obla however defended the signature on the affidavit as he stressed that the law allows “a seal or signature. As the case may be.” He averred that the clause has makes the affidavit valid even if it is not stamped. He went further to tell the court that the medical report attached to the affidavit submitted in favour of the first applicant, which was marked as “Exhibit AK1” did not reflect the date of the accused person’s last medical examination or the date of his last visit to the physician.  He also pointed out that the document did not have any reference to a physical place of office or practice as it only read “Shalom Medical Centre, Sabo, Ogbomoso.” That he said, makes it difficult to know where the accused person received medical treatment or check up. He also pointed out that the said medical report is a pointer to the fact that Otunba Akala is not bothered about his health as the report stated that his check up was overdue.

While disputing the claims that the former Governor is not healthy, Obla described him as being visibly radiant and lanky. He also confirmed that Otunba Akala had “good appetite” while he was in EFCC custody as he was allowed to have all that he requested to eat.

On the argument that the second accused person is a serving Senator, Obla argued that the office is inconsequential. He went on to remind the judge that a matter involving a Deputy Governor was brought before him and the Deputy Governor was remanded in prison custody. He therefore argued that his position as a Senator could only influence the conditions for bail.

Justice Moshood Abaass later fixed ruling on the bail application for Thursday, October 13, 2011. The suspects were to remain in the custody of the State Security Service.

The charges levelled against them are

STATEMENT OF OFFENCE-COUNT 1

Conspiracy to award contract without budget provision contrary to section 26 (1) (c) and punishable under section 22 (4) of the Corrupt Practices and Other Related Offences Act 2000.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State, Hon Hosea Ayoola Agboola, whilst being Commissioner of Local Government and Chieftaincy Matters and Olufemi Ademola Babalola whilst trading under the name and style of Pentagon Engineering Services within the jurisdiction of this honourable court sometime between 2007-2009, conspired amongst yourselves to award contract without budget provision for the sum of N 8, 500,000,000 (Eight billion five hundred million Naira) for the construction of roads in the 33 Local Government Council Areas in Oyo State on behalf of the said Local Govt Councils.

 

STATEMENT OF OFFENCE – COUNT 2

Awarding contract without budget provision contrary to and punishable under section 22(4) of the Corrupt Practices and Other Related Offences Act 2000.

 

PARTICULARS OF OFFENCE

Otunba Adabayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State and Hon. Hosea Ayoola Agboola whilst being the Commissioner of Local Government and Chieftaincy Matters within the jurisdiction of this honourable court sometime between 2007 and 2009 awarded contract without budget provision in the sum of N 8, 500,000,000 (Eight Billion Five Hundred Million Naira) for the construction of roads in the 33 Local Government Council Areas in Oyo State on behalf of the said Local Govt Councils.

 

STATEMENT OF OFFENCE – COUNT 3

Awarding contract without budget provision contrary to and punishable under section 22(4) of the Corrupt Practices and Other Related Offences Act 2000.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State and Hon Hosea Ayoola Agboola whilst being the Commissioner of Local Government and Chieftaincy Matters within the jurisdiction of this honourable court sometime in 2007 awarded contract in the sum of N 2, 270, 565,000 (Two Billion two hundred and seventy million, five hundred and sixty five thousand Naira for the supply of 33 drilling machines on behalf of all the Local Government Councils in Oyo State without budget provision.

 

STATEMENT OF OFFENCE- COUNT 4

Awarding contract without budget provision contrary to and punishable under section 22(4) of the Corrupt Practices and Other Related Offences Act 2000.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State and Hon, Hosea Ayoola Agboola whilst being the Commissioner of Local Government and Chieftaincy Matters within the jurisdiction of this honourable court sometime in 2007 awarded contract for the sum of N 355, 025, 000 (Three hundred and fifty five million and twenty five thousand Naira) totalling the aggregate, for the supply of 20 Roro trucks and 200 pieces of skip bins without budget provision.

 

STATEMENT OF OFFENCE – COUNT 5

Conspiracy to obtain by false pretence contrary to section 8 and punishable under section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao Akala, whilst being the Executive Governor of Oyo State, Hon. Hosea Ayoola Agboola whilst being the Commissioner of Local Government and Chieftaincy Matters and Olufemi Ademola Babalola whilst trading under the name and style of Pentagon Engineering Services within the jurisdiction of this honourable court sometime between 2008-2009, conspired amongst yourselves to obtain by false pretence the net sum of N 269, 156, 250 (Two hundred and sixty nine million, one hundred and fifty six thousand, two hundred and fifty naira) from the Oyo State Government Local Government Joint Account.

 

STATEMENT OF OFFENCE – COUNT 6

Obtaining by false pretence contrary to section 1 and punishable under section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006

 

PARTICULARS OF OFFENCE

Olufemi Ademola Babalola whilst trading under the name and style of Pentagon Engineering Services within the jurisdiction of this Honourable Court sometime between 2008-2009, by false pretence with intent to defraud obtained the sum of N 269, 156,250 (Two hundred and sixty nine million, one hundred and fifty six thousand two hundred and fifty Naira) from the Oyo State Local Government Joint Account.

 

STATEMENT OF OFFENCE – COUNT 7

Obtaining by false pretence contrary to section 1 and punishable under section 1 (3) of the Advance Fee Fraud and Other Related Offences Act, 2006.

PARTICULARS OF OFFENCE

Olufemi Ademola Babalola whilst trading under the name and style of Pentagon Engineering Services within the jurisdiction of this honourable court sometime between 2008-2009, by false pretence with intent to defraud obtained the aggregate sum of N 347,350,000 (Three hundred and forty seven million three hundred and fifty thousand Naira) from various contractors engaged in road construction in the 33 Local Government Council Areas in Oyo State.

 

STATEMENT OF OFFENCE – COUNT 8

Acquiring property with money derived from illegal act contrary to section 18 (1) (a) and punishable under section 18(2) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State sometime in 2009 engaged in the acquisition of a property known as Ile-Itesiwaju located at No. 32 Oba Adebimpe Road Old Gbagi, Ibadan Oyo State within the jurisdiction of this honourable court knowing that the money used in acquiring the said property was derived from illegal act.

 

STATEMENT OF OFFENCE – COUNT 9

Acquiring property with money derived from illegal act contrary to section 18 (1) (a) and punishable under section 18 (2) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala whilst being the Executive Governor of Oyo State sometime in 2009 engaged in the acquisition of a property located at Old Bodija off Rotimi Williams Street, Ibadan Oyo State within the jurisdiction of this Honourable court knowing that the money used in acquiring the said property was derived from illegal act.

 

STATEMENT OF OFFENCE – COUNT 10

Engaged in concealing the genuine nature of the ownership of property contrary to section 18 (1) (d) and punishable under section 18 (2) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State sometime in 2006, within the jurisdiction of this Honourable Court engaged in concealing the genuine nature of the ownership of a property at 4 Bromholm Road, Abbeywood, London SE2 9ND in the name of one Oyewole Ayemidara Akala, which said property was derived from criminal act.

 

STATEMENT OF OFFENCE – COUNT 11

Engaged in concealing the genuine nature of the ownership of property contrary to section 18 (1) (d) and punishable under section 18 (2) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

 

PARTICULARS OF OFFENCE

Otunba Adebayo Christopher Alao-Akala, whilst being the Executive Governor of Oyo State sometime in 2006, within the jurisdiction of this Honourable Court engaged in concealing the genuine nature of the ownership of a property at 124 Gladstone Road, Merton SW 19 QW, London in the name of one Magdalene Mojisola Akala, which said property was derived from criminal act.

 

Author: NewsAdmin

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