Court grants bail to four over defunct NITEL land tussle

Justice Oluwatoyin Taiwo of a Lagos High Court sitting in Ikeja has granted bail to four persons – Prince Adeniran Owen Alao, Kolusade Oluwafemi, Quadro Lookman and Atinuse Albert – who were dragged before the court over allegations of stealing 101 acres of land belonging to the defunct Nigerian Telecommunications Limited (NITEL) in Lagos State.

The four were charged before the court by the Economic and Financial Crime Commission (EFCC) alongside Owereser Nigeria limited, in a case delineated ID/12978C/2020 on allegations bordering on conspiracy to commit felony and stealing of land contrary to Sections 409 and 410 of the Criminal Law of Lagos State 2011.

The EFCC had alleged that the defendants sometimes in 2014 conspired among themselves to steal one hundred and one acres of land at P&T Ipaja Akinyele, Lagos property of the Federal government.

In his arguments on the bail application, counsel to the defendants, Chief Bolaji Ayorinde (SAN) had submitted that the grant of bail is at the discretion of the court and that such discretion should be exercised judicially and judiciously, adding that bail is a constitutional right and that the presumption of innocence lies in favour of the defendants.

According to him, being responsible individuals, the defendants will not jump bail but will submit themselves to the courts until the matter is finally disposed of. He therefore urged the court to use its discretion in favour of the defendants and grant them bail accordingly.

The EFCC counsel, Ayanfeoluwa Ogunsina, while opposing the bail application submitted that the offences against the defendants relates to economic sabotage, hence their bail applications should be refused.

Justice Taiwo in her ruling held that the defendants are presumed innocent until the contrary is proved and thereby granted them bail in the sum of 20 million with two sureties in like sum.

The court further held that a court must take into consideration the nature of the charge, the evidence by which it is supported, the sentence which may be passed in the event of conviction, the probability that the applicant will appear to take his trial and also whether the release of the defendants on bail will interfere with trial of the case.

“In a case of an offence ordinarily bailable, it is the duty of the prosecution to show why the applicant should not be admitted to bail. It is not expected to oppose bail for the sake of opposing, there should be factual grounds for opposing bail and these facts have to be put before the court. Also, the applicant has corresponding duty to show that he is entitled to bail.

“Though the prosecution had urged the court to consider the seriousness of the offence the applicants are alleged to have committed and has contended that if the applicants are admitted to bail they would interfere with trial, from the counter affidavit the prosecution has failed to give material facts to show that the applicants will indeed interfere with trial if admitted to bail,” Justice Taiwo held.

The court reiterated that the defendants are presumed innocent until contrary is proved, adding that the offences they were charged are bailable and thereby should be granted bail.

It would be recalled that the first defendant, Prince Owen Adeniran and five others had filed a suit delineated ID/5764/14 before Justice Ganiyu Safari of the Lagos high court, Ikeja division against the Minister of Land and the Minister of Communication over the disputed land, praying the court for a declaration that the purpose for which the 101 acres of land located at P&T Ipaja Akinyele, Lagos was acquired by the Federal Government has failed.

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