The Economic and Financial Crimes Commission (EFCC) on Monday arraigned the Former Managing Director of Assets Management Cooperation of Nigeria (AMCON) Ahmed Kuru and four others before a Special Offences Court, Ikeja, for allegedly defrauding Arik Airline N76 billion and $31.5 million, respectively.
Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the Airline, Captain Roy Ilegbodu, and Super Bravo Ltd.
The defendants were arraigned before Justice Mojisola Dada on a six-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.
The defendants, however, pleaded not guilty following their arraignment.
The defence counsel to the first and third defendants, Prof Taiwo Osipitan ( SAN), informed the court of a motion for bail application dated November 28 and 29 2024 for the two defendants.
Osipitan argued that the defendants be granted bail on liberal terms. According to him, the first defendant has no criminal records and that EFCC granted him administrative bail in which he never jumped. He added that the first and third defendants had an opportunity to escape but he did not not. “We pray the court grant bail to the two defendants on the same liberal terms given to them by EFCC,” Osipitan said.
EFCC Counsel, Dr Wahab Shittu (SAN), filed counter-affidavits dated December 2 2024 for the first defendant and also another counter affidavits dated Dec.22, 2024 for the third defendant. Shittu prayed the court to dismiss their bail applications.
According to him, the two defendants are facing serious offences of economic sabotage. He, however agreed with the second and third defence counsel that they were presumed innocent pending the determination of the court. Shittu added that the temptation of the defendants leaving the country was very high.
He thereafter suggested that accelerated hearing be granted and the defendants’ international passports be seized by the court. “But if my lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court. We urge that they should submit their international passports with the court in order to ensure that they come for trial,” Shittu said.
The counsel to the second defendant, Mr Olasupo Shasore (SAN) in his motion for bail dated December 6 2024 and filed on the same day, urged the court to also grant bail to his client on self recognition.
Shasore, in his bail application, supported by 17 paragraphs affidavits, argued that bail application was to secure attendance of defendants in court.
He said it was correct that the second defendant was placed on administrative bail by EFCC. Shasore thereafter prayed the court to grant bail to the defendant on self recognition and also on the terms which was earlier given by the court when the bench warrant against him was set aside..
The prosecution in his counter affidavits dated January 17, opposed the bail application of the second defendant.
He said the second defendant application for bail was incompetent and and should be struck out.
Shittu cited relevance laws to buttress his argument.
He said: “My lord the record of this court is to the effect that the second defendant, at one point absconded in which your lordship had to issue a bench warrant.
Learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant. I urge my lord, in exercising his discretion to take all this into consideration because our concern is the appearance of the second defendant so that he does not abscond.”
After listening to the arguments from the parties, Justice Mojisola Dada granted bail to the defendants in the sum of N20 million each with one surety each in like sum.
Justice Dada said the sureties must be gainfully employed and deposed to means of identification. She also directed the defendants to submit their international passports with the registrar of the court. The court also directed the defendants to remain in the custody of their respective counsel pending perfection of their bail conditions.
The judge adjourned until March 17 for commencement of trial.
EFCC had also alleged that Kuru, Omokide and Ilegbodu sometime in 2022, fraudulently converted to their use of NG Eagle Ltd the total sum of N4.9 billion.
The anti-graft agency also alleged the CEO of Arik stole the sum of N22.5 million by fraudulently converting same to the use of Magashi Ali Mohammed, property of Arik Air Ltd.
The EFCC further alleged the defendants obtained undue advantage for themselves and intentionally authorized the tear down and destruction of 5N-JEA with Serial No. 15058 valued at 31.5 million dollars , an arbitrary act, which was prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited.
According to the prosecution, the alleged offences contravene Sections 73, 96, 278(1) and 278(6) of the criminal law of Lagos State 2015.
