There is no respite yet for Senator Iyabo Obasanjo-Bello. Yesterday, an Abuja High Court sitting in Maitama okayed a request by the Economic and Financial Crimes Commission (EFCC) to formally include the name of Senator Iyabo Obasanjo-Bello as one of the accused persons facing trial over the controversial N300million scam in the Federal Ministry of Health.
The trial High Court judge, Justice Salisu Garba who granted the request said the EFCC�s prayer was in order having satisfied the provision of section 208 (1) of the Criminal procedure Code.
By implication, Senator Iyabo Obasanjo is now properly before the court, her name having been included on the list of accused persons facing trial over the N300 million scam in the health ministry.
She can now be arraigned before the court and upon failure to present herself, the court can now issue a bench-warrant to compel her attendance.
Indeed, the EFCC yesterday requested the court to fix a date for Iyabo�s arraignment. Referring to Section 153 and 154 (1) of CPC, counsel to EFCC, Mr James Binang applied for summon to compel Obasanjo-Bello�s appearance for the trial without prejudice to other pending applications since she is now an accused person. �She has a duty under the law to be present while the trial was on.�
But Iyabo�s counsel countered the submission. Citing Fawehinmi vs the Attorney General of Lagos state reported in Nigeria Weekly Law Report in 1989, Akomolafe insisted that it was necessary for the court to determine its competence to try her first before her date of arraignment could be decided.
According to Akomolafe, the application is �premature� as it amounts to painting Obasanjo-Bello as disrespectful to court when her appearance had not been determined.
�That request is superfluous and needless. It�s like making your lordship feel that she has no respect for this court�, he said.
While undertaking that Obasanjo-Bello would be available in court when necessary, he stressed that the court must determine whether it has jurisdiction to try her or not before fixing a date for arraignment.
He further argued that compelling her presence in court for the purpose of arraigning her would amount to the court putting its cart before its horse.
Akomolafe who strenuously argued before the court on behalf of Obasanjo-Bello said at least for now, there were three pending applications before the court including the one challenging the jurisdiction of court to try Obasanjo-Bello and none of these two applications had been decided adding that the EFCC even filed an objection to the hearing of the applications.
He said that the request by EFCC to fix a date for the arraignment of Obasanjo-Bello was illogical and defeatist of the pending applications before the court.
Justice Garba however declined to fix a date for the arraignment of Obasanjo-Bello orally requested by EFCC but ordered parties in the case to file written addresses on the three pending application before the court.Justice Garba however adjourned the matter till May 19 for continuation.
Vanguard recalls that Obasanjo-Bello was mentioned in Count 55 and 56 of the charges leveled against former Health Minister, Prof. Adenike Grange, former health Minister of State, Gabriel Aduku and nine top officials of the ministry.
Before yesterday, her name was not listed as an accused person on the charge sheet and could not be arraigned with others. Binang, counsel to EFCC, told newsmen that Obasanjo-Bello�s name was deliberately removed on the list of the accused persons because she was at large at the time others were being brought to court.
He said including her name on the charge sheet would have stalled the proceedings on the day others were arraigned since it was a joint trial. Although the EFCC had declared her to be at large, her lawyer insisted that the court should first determine its competence to try her before she could appear in court.
The embattled senator has also accused the EFCC of witch-hunting and distortion of facts she submitted during the preliminary investigation.
Obasanjo-Bello , a daughter of former president Obasanjo is being tried for allegedly retaining N10 million out of the N300m fraud.