Justice Nnamdi Dimgba of the Federal
High Court, Abuja, on Wednesday, February 1, 2017 rejected an application by
Olugbenga Obadina, Managing Director, Almond Properties Limited, who is standing
trial an eight-count charge of money laundering to travel abroad for medical
treatment.
Obadina allegedly collected a sum of
N2, 417, 000,000.00 (two billion, four hundred and seventeen million naira),
paid into his company’s account in tranches, between 2013 and 2015 from the
account of the Office of the National Security Adviser, ONSA, under Col. Sambo
Dasuki (Rtd) without contract award.
The offence is contrary to Section
15(2), (d) of the money laundering (Prohibition) Act 2011 as amended in 2012
and punishable under Section 15(3) of the same Act.
At the resumed hearing, Obadina’s
counsel, Chris Uche, SAN, applied for a temporary release of his passport to
enable him travel for medical treatment abroad.
Uche said that the medical papers
testifying to the need for the defendant to seek treatment were attached to the
affidavit that was deposed to by the applicant himself.
However, counsel to the EFCC, Larrys
P. Aso, opposed the application on the grounds that the medical papers emanated
from the clinic of the Nigeria National Petroleum Corporation, which was not
related to the applicant in anyway.
Aso maintained that the prosecution
still held unto its earlier stand that the defendant was a flight risk, adding
that ulcer, the ailment the defendant was seeking treatment for could be
handled in Nigeria. He added that the prosecution was relying on the records of
the court of January 27, where the defendant’s surety, Maryam Sagir applied to
withdraw as surety.
In his ruling, Justice Nnamdi
Dimgba, said that in applying the discretion of the court, he was not minded to
grant the application.
“I have carefully considered the
application of the defendant for the release of his passport to travel abroad
for medical treatment. Traditionally, the court has always maintained a liberal
approach in releasing passport for medical treatment based on the presumption
that the defendant is innocent until proved otherwise.
“Also, going by what transpired on
July 15, 2016 during his arraignment where he refused to present his biodata
and the happenings of January 27, where questions were raised concerning his
surety. Even though the issue of the surety has been resolved, I am not
minded to grant the application in favour of the applicant”, Justice Dimgba
held.
He dismissed the application, adding
that the court might take a different view in a subsequent application if
compelling evidence was presented.
The case has been adjourned to March
22, 2017 for continuation of hearing.
Earlier, Victor Agunzi, counsel to
Sagir, who had applied to withdraw her (Sagir) suretyship told the court that
the parties had met and sorted out their differences. As a result, he said
Sagir would continue as Obadina’s surety.
Wilson Uwujaren
Head Media & Publicity
1st February, 2017
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