A Federal Capital Territory High Court at Maitama, on Friday rejected a request for bail by former deputy governor of Osun State, Sen. Iyiola Omisore.
Omisore is being held by the Economic and Financial Crimes Commission (EFCC) over alleged fraud of N60 billion.
Delivering a ruling on the former deputy governor’s bail application, the court said his application for bail was “premature and incompetent.”
The trial judge, Justice Olukayode Adeniyi, asked Omisore to await the expiration of the 14 day remand order earlier granted by a court of coordinate jurisdiction before exercising his right to bail.
The Judge held that any attempt to grant the bail application of the applicant would be tantamount to vacating a subsisting order made by the same court.
The Judge said Omisore’s lawyer failed to convince the court of its power under the law to upturn its own order and sit as an appellate court on its own order.
He said provisions of section 293, 294 and 296 of the Administration of Criminal Justice Act is so clear and makes it lawful for the EFCC to detain a suspect for the initial 14 days and another 14 days if circumstances warrant.
“In the instant case, the court lacks the jurisdiction to set aside the order it made for the remand of the Senator or vary the bail condition granted him by the EFCC and that the applicant ought to appeal against the ruling instead of asking for reversal of its own order.
“Having considered the totality of submissions of counsel in this matter, it has been established that there is a reasonable cause to remand the applicant in the custody in line with the provisions of the law.
“At any rate, there is no provision for entertainment of any application for bail, when the remand order issued by the court subsist.
“In order word, the 14 day remand order granted by the court is to run its full course”, the Judge held.
Justice Adeniyi held that it is right that the court has power to admit a suspect to bail when sufficient reasons are given, but the court must be guided by law as in the instant case.
Omisore had approached court to grant him bail pending the determination of his motion on notice filed against the anti-graft agency.
Omisore who was the chairman, Senate committee on appropriation claimed that EFCC had detained him beyond the period allowed in law.
In the suit instituted by his counsel, Chris Uche (SAN) for the enforcement of his fundamental rights, Omisore claimed that his rights was being trampled upon by the EFCC with his arrest without trial.
In his bail application, Omisore claimed that he was entitled to bail pending the determination of his suit.
Uche also said the warrant of arrest obtained by EFCC to arrest and detain Omisore was a mere authority.