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The expectation of Mrs Joy Asabe
Williams alias Hajiya Asabe Shehu Musa
Yar’Adua that she would regain freedom
on Monday June22, 2009 was dashed when
Justice Abubakar Talba of the FCT High
Court, Gudu adjourned ruling on her bail
application to June 29 and ordered her
remanded in Suleja prison along with her
co-accused, Lilian Anyanwu,according to
a statement by Femi Babafemi,spokesman
of EFCC.
The two accused and Ibrahim Gaya, now at
large, were first arraigned before the
Court on a three count charge of alleged
impersonation and seeking to obtain
money by false pretence. The accused
persons were said to have on or about
the 13th day of May 2009 in
Abuja conspired to obtain money from the
Comptroller General of Customs by false
pretence and thereby committed an
offence contrary to Section 8(a) of the
Advance Fee Fraud and other related
offences Act 2006 and punishable under
Section 1(3) of the same Act.
In one of the charges, the 1st
accused person was alleged to have
falsely presented herself as the wife of
the late Major General Shehu Musa
Yar’Adua, former Chief of Army Staff
Supreme Headquarters, in the military
regime of General Olusegun Obasanjo in
her attempt to hoodwink the Comptroller
General of Customs .
When the matter came up on Monday June
22, counsel to EFCC, Peter Aso told the
court that he was only served the bail
motion by counsel to the accused persons
on the 18th of June and
therefore asked the court to grant him
the statutory 48 hours to respond. He
told the court that with Saturday being
observed as weekend, he was entitled to
Friday and Monday to study the motion
and respond.
However, counsel to the first accused
person, D. A. Sulayman pleaded with the
court to grant his client bail as the
offence for which they were being held
was bailable. He told the court that he
had filed a 17 paragraph affidavit to
support the bail application. The
purpose of bail he noted, was to enable
an accused person have access to his
lawyer and make adequate preparation for
the trial which will not be possible if
the person is incarcerated. He cited the
ruling of Obaseki JSC in the case of
Inusa Saidu Vs the State (1994) “It does
not give the court any joy to see
offenders escape the penalty they richly
deserve but until they are proved guilty
under the appropriate law in our court,
they are entitled to walk about in our
streets and tread the Nigeria soil and
breathe the Nigeria air as free and
innocent men and women,” he quoted.
Counsel to the 2nd accused
person, Enyinnaya Nwosu also canvassed
the same position that the court should
grant bail to the accused person. In his
submission, he stated that based on the
1999 Constitution of the Federal
Republic of Nigeria, an accused person
is presumed innocent until proven
otherwise.
Justice Abubakar Talba however
adjourned the matter to June 29 for
ruling on the bail application while
directing that the accused should be
taken back to prison custody.
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