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The Economic and Financial Crimes Commission (EFCC) has urged a Lagos High Court to enquire into how an accused it ordered remanded in Ikoyi prison landed in a hospital in the United Kingdom.
Justice E. A. Adebajo had this year, upon their arraignment, ordered that Sunday Akinyemi and Olu Osho, facing a 30- count charge, be remanded in prison.
Yesterday, prosecution lawyer, Rotimi Oyedepo told the court that Akinyemi (the first defendant) had been released from prison.
He said the accused consequently was released following a fundamental rights application filed byhis lawyer, Femi Falana.
Justice Mohammed Idris of the Federal High Court, Lagos released Akinyemi unconditionally to attend to his failing health in the United Kingdom.
Oyedepo told the court that while the trial of the defendants was still pending before it (the Lagos High Court), the Federal High Court ordered the Attorney-General of the Federation and the Deputy Comptroller of Prisons, Ikoyi ( who were named as respondents in the fundamental rights enforcement application) to release Akinyemi.
Oyedepo urged the court to compel Falana to explain how his client left the prison custody without the consent of the court before which he was standing trial.
Falana argued that the order of the court remanding his client at Ikoyi prison was still intact, having not been set aside by the Federal High Court.
He explained that what the Federal High Court did was to grant the defendant leave to travel abroad for medical treatment and to protect the accused’s right to life. He said the accused was suffering from cancer.
Falana assured the court that on his return to the country, his client would be taken back into prison custody and made to stand trial.
He said he had met with the authorities of the EFCC over the issue and assured them that his client’s trial would continue once he overcomes his health problem.
The lawyer sought two weeks adjournment to enable him furnish the court with necessary documents of what actually transpired at the Federal High court.
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.
During the trial, Akinyemi fell ill and was admitted at the Military Hospital, Ikoyi, Lagos. But when his condition worsened, he was rushed to the Lagos University Teaching Hospital (LUTH) on March 9, 2011 by the prison management.
Falana had, in the application he filed before the Federal High Court, stated that Akinyemi 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.
The accused alleged offences are said to be contrary to Sections 516, 390 of the Criminal Code Cap C17 Laws of Lagos State of Nigeria 2003. Akinyemi pleaded not guilty, but his application for bail was refused.
The court has adjourned the matter till October 25 to enable Falana produce the documents relating to the proceedings at the Federal High Court as he had promised.
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