Farouk Lawan
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A member of the House of Representatives, Farouk Lawan, was on Friday remanded in prison custody.
This followed his arraignment by the Independent Corrupt Practices and Other Related Offences Commission at a Federal Capital Territory High Court.
He was arraigned on seven counts of criminal dealing.
The charge stems from allegations made against him by a businessman, Mr. Femi Otedola, that the lawmaker demanded and received $620,000 as bribe from him while he (Lawan) served as the chairman of the Ad Hoc Committee on Monitoring of Fuel Subsidy Regime.
Lawan had denied the allegation, claiming that he collected the money in order to expose Otedola’s attempt to bribe him.
The lawmaker will spend a week in prison before the court determines whether to grant or refuse his bail application.
The presiding judge, Justice Mudashiru Oniyangi, ordered that Lawan and his co-accused, Mr. Boniface Emenalo, should be remanded in prison custody until February 8, 2013, when he would rule on their bail application.
Earlier, Lawan, looking calm and optimistic in a flowing white agbada and grey cap, had pleaded not guilty to the seven counts slammed against him.
“My Lord, I am not guilty,” he said in response to each of the counts.
Emenalo also denied the charges.
Prosecution counsel, Chief Adegboyega Awomolo, SAN, thereafter asked the court for a date to commence trial, noting that the prosecution had concluded investigations into the matter.
Awomolo asked the court to keep the accused in prison custody.
Counsel to Lawan and Emenalo, Chief Rickey Terfa, SAN, who was with Chief Mike Ozekhome, SAN, immediately asked the court to grant the accused bail “in the most liberal terms.”
Tarfa noted that Lawan and Emenalo appeared before police investigators on 37 different occasions in the course of investigation into the case.
He said the lawmaker had travelled abroad on several occasions since the police commenced investigations into the allegations made against him.
The defence counsel argued that Lawan and Emenalo had shown that they would not jump bail as they had had series of opportunity to abscond in the past, if they had wanted to.
The lawyer stressed that the accused persons are eminent members of the National Assembly, particularly Lawan, who had been in the House of Representatives since 1999.
Tarfa said, “Lawan is a full-time member of the House of Representatives since 1999; he is also a member of the ECOWAS Parliament for the past 12 years.
“He is one of the founding members of the parliament. He is currently chairing the committee on administration and finance.
“The second accused person (Emenalo) occupies an eminent position in the National Assembly.
“The accused persons have had opportunities to abscond but they chose to appear for trial. The fact that they voluntarily submitted themselves to the police should be considered.
“The most important consideration is that the accused persons are ready and willing to stand trial. I ask the court to grant them bail on self-recognition.”
But Awomolo asked the court to refuse the application.
He argued that if granted bail, Lawan and Emenalo would return to the National Assembly where they might become part of another committee and commit the same offence.
The argument drew laughter from observers in the courtroom but Awomolo insisted that Lawan and Emenalo did not make any undertaking that they would not commit the same offence if they were granted bail.
He added that the offences for which the accused were charged are punishable with prison terms of two to seven years and therefore, are not necessarily bailable.
The prosecution counsel also urged the court to take note that Lawan was among the lawmakers who drafted the ICPC Act, 2000 and as such, he already knew what the law stipulated.
Awomolo said, “We are opposing this application, I urge your Lordship to refuse this application.
“There is the likelihood of the accused persons committing another offence while on bail. The offences for which the accused are standing trial are offences of corruption by public officers at the highest level, particularly in the legislative arm of government.
“The accused in their affidavit did not give an undertaking that when they go back to the National Assembly they will not be members of another committee where they will also demand bribe.
“Your Lordship needs an assurance that they will not commit that offence again. I urge your Lordship to refuse them bail.”
However, Tarfa again insisted that the court had the discretion to grant the accused persons bail.
He argued that since the prosecution had admitted that investigation into the case had already been concluded, the accused persons were not in any position to interfere with evidence.
The judge said he would need time to study the submissions of the two parties.
He adjourned the matter till February 8, 2013, to determine the bail application.
“Pending the determination of the bail application, the accused person is to be remanded in prison custody,” the judge ordered.
Lawan tried to put up a brave countenance when he was being led out of the courtroom at 12:49 pm, although the policemen that whisked him away made attempt to stop photographers and cameramen from capturing his image.
Lawan is also known as ‘Mr. Integrity’ on account of a campaign he led in 2007 against then Speaker, Patricia Etteh, and forced her out of office.
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