Alleged pension scam: Court grants Faisal Maina N60m bail

Alleged pension scam: Court grants Faisal Maina N60m bail
November 27 04:36 2019 Print This Article

The Federal High Court, on Tuesday, admitted Faisal Maina, son of Abdulrasheed Maina, ex-pension reform boss, to a bail in the sum of N60 million.

Justice Okon Abang, who gave the ruling, also said the defendant should produce a surety, who must be a member of the House of Representatives in the like sum.

The judge, who had earlier fixed Nov. 29 for ruling on Faisal’s bail application, said since the ruling was ready, there was the need to abridge the time.

“Since the ruling is ready and the court has the discretionary power to do this, I hereby abridge the time for ruling on the bail application of Faisal Maina and shall be taken today,” he said.

Faisal, alongside his father, was arraigned, on Oct. 25, by the Economic and Financial Crimes Commission (EFCC) on a three-count charge bordering on money laundering.

However, he pleaded not guilty to all the charges.

Ruling, Justice Abang said that the lawmaker, who would produce a three-year tax clearance certificate, must not be standing criminal trial in any court.

The judge held that the surety must have a landed property anywhere within the Federal Capital Territory (FCT).

“The chief registrar of this court shall ascertain the validity of the occupancy of the property,” he said.

He also ruled that the legislator, who would undertake to always attend Faisal’s trial at each adjourned date, stressed that “where the surety fails without cogent reason, the court is at liberty to revoke the bail.”

The judge further said that Faisal should deposit his two recent passport photographs, American and Nigerian international passports with the chief registrar of the court

Earlier, Justice Abang had reviewed the arguments of the prosecution and defence counsel on the bail application.

Faisal had prayed the court, in his application, to admit him to bail on liberal terms.

He argued that under Section 36(5) of 1999 Constitution (as amended), he was still presumed innocent until proven contrary in the law court.

Faisal, who told the court that he had never been convicted before any court before, said the offences with which he was charged with were bailable.

He had appealed to the court to grant his request being a final year student of Canadian University in Dubai to enable him complete his studies.

Maina’s son, who also told the court that since the day he had been in the police custody, he had been suffering from acute depression, said he was ready to provide a surety for his bail.

Faisal’s former lawyer, Francis Oronsaye, had, in the last adjourned date, told Justice Abang to discountenance the prosecution’s argument in the counter-affidavit and further counter-affidavit filed to oppose the bail application.

According to him, there won’t be an end to filling of processes if the further counter-affidavit is admitted.

“The gate to battle grounds have been closed having filed the counter-affidavit,” Oronsaye told the judge.

However, the EFCC’s counsel, Mohammed Abubakar, had told the court that he relied on the counter-affidavit and further counter-affidavit in opposing the bail.

Abubakar argued that if granted the bail, Faisal might jump bail.

Justice Abang, in his ruling, said he had studied the arguments and the facts deposed to by both counsel in their processes.

The judge ruled that the prosecution can file counter-affidavit based on the Court of Appeal’s decision.

“There is no law that says that the complainant should obtain leave before filing further affidavit,” he said.

He, however, said that he was bound to ensure fair hearing in the matter.

“It is a settled law that the court is enjoyed to exercise its discretion based on the fact before it.

“However, the court cannot exercise the discretion arbitrarily but the competing rights of both parties must be looked into and the court will then strike a balance,” he said.

Justice Abang, who noted that Faisal was just 20 years old and a student, said he was still presumed innocent until proven contrary.

“No matter how seemingly great an alleged offence committed by a person might look, he is still presumed innocent until contrary is proven,” the judge stated.

Faisal’s lawyer at the Thursday’s proceeding, Esther Uzoma, however appealed to Justice Abang shortly after the ruling to grant Faisal’s request to be transferred to Kuje Correctional Service Centre.

While the judge had, on Oct. 25, ordered that Maina be remanded in Kuje Correctional Service centre, Abang ordered the EFCC to keep Faisal in police custody at Police Tactical Squad, Asokoro, based on the investigation on allegation of possession of firearms and resistance to arrest.

Justice Abang therefore ordered the prosecution counsel to confirm if the police had concluded their investigations on Faisal and report back to the court.

The judge then adjourned till Nov. 27 for trial continuation.

The court had, on Monday, admitted Faisal’s father, Abdulrasheed, to a N1 billion bail with two sureties who must be serving senators.

Justice Abang had also, on Tuesday, admitted the bank statements tendered in evidence by the EFCC 1st prosecution witness in the trial of Abdulrasheed and adjourned till Nov. 27 for trial continuation.
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