Binta Nyako, judge of a federal high court in Abuja, has
warned the Economic and Financial Crimes Commission (EFCC) to stop “relying on
orders from above” before complying with court orders.
Speaking after granting bail to Mohammed Bello Adoke, former
attorney-general of the federation (AGF), on Monday, Nyako cautioned the EFCC
and other government agencies to desist from the habit of saying they are
acting on “orders from above because no such orders from above are higher than
orders of the court”.
She granted him bail in the same terms and conditions
earlier granted him by Abubakar Kutigi, judge of a federal capital territory
high court in Gwagwalada, on January 30.
Mike Ozekhome, Adoke’s counsel, prayed the court to issue an
order restraining the EFCC from rearresting his client.
“My lord, we just want a specific order directing that the
defendants should not be rearrested,” Ozekhome said.
Bala Sanga, who is the counsel to the EFCC, however, told
the court that the former AGF was yet to perfect the bail conditions.
“The full conditions have not been satisfied. It is not
deliberate though. It is more of an oversight between the court officials,” he
said.
“Part of the bail conditions was that travelling passports
should be deposited with the court. But neither the defence team nor the court
has asked for those passports which we know are in our custody.
“The proper thing that should have happened is that the
court would have said part of the conditions for bail is that travelling
passports deposited with us should be forwarded to the court.
“We knew that glitch was there but, we refused to take
advantage of it because, for us, this was just mere technicalities.”
Responding, the judge said: “Mr Sanga, you are very wrong!
“Are you trying to tell the judge how to write his ruling?
Irrespective of where the passports are, they should be deposited with the
court. Is it the responsibility of the judge to know that the passports are
with you? I will now make an order that the passports that are with you should
be deposited with the court.”
Adoke, who has been in custody of the EFCC since December
19, has now been released.
The EFCC had arraigned the former AGF before the court for
allegedly receiving gratification to the tune of N300 million from Aliyu
Abubakar in September 2013.
Adoke has since denied the allegation, maintaining he is
being persecuted for political reasons.
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