Court summons Falana over release of accused from prison

By BARTHOLOMEW MADUKWE
LAGOS—President,West African Bar Association,WABA, Mr. Femi Falana, yesterday, was compelled by a Lagos High Court sitting at Igbosere, to appear before it to explain his relationship in an undertaken which aided an accused it remanded in Ikoyi Prison to be released.

Trial judge in the matter, Justice Ebenezer Adebajo, noted that the order remanding the accused, Sunday Akinyemi (1st defendant), in prison had not been set aside by the Federal High Court and was still intact.

He said: “I find that the counsel of the 1st defendant, Falana, knowing that the bail application sought for in this court is still pending, why then did he (Falana) go to a Federal High Court to obtain an order releasing the 1st defendant from prison to enable him go to the United Kingdom for medical treatment? Mr. Falana is obliged to explain his relationship in an undertaken given to this court.”

In the undertaken, Falana (1st defendant’s lawyer) assured the court that on his client’s return to the country, he would be taken back into prison custody and made to stand trial.

Falana said he had met with the authorities of EFCC over the issue and assured them that his client’s trial would continue once he overcame his health problem.

The 2nd defendant, Olu Osho, was present in court, but the substantive trial could not go on due to the absence of the 1st defendant, Akinyemi, who was said to be receiving treatment in UK. Falana was also not in court, but  was represented by Ishola Osho, Augustine Audu and Chukwuma Onwuemene.

It will be recalled that Justice Mohammed Idris of the Federal High Court, Lagos released Akinyemi (1st defendant) unconditionally to attend to his failing health in the United Kingdom. He was  consequently released following a fundamental rights application filed by his lawyer, Falana while the trial of the defendants was still pending before the Lagos State High Court.

Falana had, in the application he filed before the Federal High Court, stated that Akinyemi (1st defendant) had been treated in two Nigerian hospitals without any improvement. He said there were two medical reports by the Medical Board constituted by the Lagos High Court, indicating that it was urgent that Akinyemi be flown overseas for treatment.

Mrs. Funmi Falana, wife to the 1st defendant’s counsel, on 18th November, 2011 had requested for short adjournment after the two weeks adjournment sought to enable him (Falana) furnish the court with necessary documents of what actually transpired at the Federal High court. The court had adjourned twice again before it concluded on 12th December, 2011 that Falana has nothing to show.

Akinyemi and Osho are being tried before the court over alleged conspiracy to steal, forgery and stealing of over N90 million property of Texas Connection Ferries Limited, offences said to be contrary to Sections 516, 390 of the Criminal Code Cap C17 Laws of Lagos State of Nigeria 2003.

The court has adjourned the matter till January 25, 2012.