DAUGHTER of former President Olusegun Obasanjo, Iyabo, yesterday battled with tears, after an Abuja High Court ordered her detention in police custody till May 21, this year.

N300m Scam: Senator Iyabo Obasanjo-Bello making calls before going to police cell at Abuja High Court. Photo by Gbemiga Olamikan.

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Senator Obasanjo-Bello appeared before the Abuja court yesterday 42 days after the Economic and Financial Crimes Commission (EFCC) declared her wanted IN connection with a two-count charge of stealing N10 million belonging to the Federal Government.

The Senate pledged its support for her.

She entered a plea of not guilty to the charge before she openly broke down, twice, in tears, in court.

But she escaped being sent to Kuje Prisons after the Abuja High Court dismissed her application challenging the competence of the charge filed against her and okayed her for trial.

Iyabo weeps, jeered

Time was 11:47a.m. She was sitting calmly beside the dock with her lawyer, Mr B J Akomolafe, moments after proceedings in the case, strategising when emotion overran her.

Although she said nothing before the tears streamed down, she shook her head as if she was remembering something.

But only a few people noticed the drama as some of her supporters who thronged the courtroom to witness the proceedings, realised what was happening and tried to shield the sight.

She wept again at 12:13 p.m while acknowledging cheers from her supporters who were chanting "IOB" meaning “Iyabo Obasanjo-Bello,” outside the courtroom.

Another set of people who were not sympathetic to her travails were also in court jeering at her.

She struggled to avoid the lens of camera stationed at the main entrance of the courtroom of Justice Salishu Garba of the Abuja High Court by leaving through the judge’s chambers.

But it was not only Iyabo that wept yesterday, a lot of her admirers, men and women, who noticed her shed tears started wailing uncontrollably.

History of case

The Economic and Financial Crimes Commission (EFCC) had charged the immediate Health Minister, Prof Adenike Grange; her deputy, Architect Gabriel Yakubu Aduku; and 11 others on a 56-count charge of graft involving about N300 million.

Senator Obasanjo-Bello's name which was mentioned as having partaken in the graft, was initially missing on the list of the accused persons charged to court.

The EFCC had explained that her name was missing but present in the body of the charge because she was then at large and could not be arrested for prosecution but that anywhere and anytime she was found, she would be arrested and promptly brought to justice.

For more than one month, EFCC failed in its bid to get her arrested.

The Senator, according to count 56 of the charge read to her, was alleged to have, between December 2007 and March 2008 in Abuja while serving as the chairperson of the Senate Committee on Health, dishonestly received the sum of N10 million belonging to the Federal Government having reason to believe that same was stolen.

Her action is said to have constituted an offence punishable under section 317 of the Penal Code Act Cap 352, Laws of the Federal Republic of Nigeria, Abuja.

But against all expectations, yesterday, the embattled Senator Obasanjo-Bello made an appearance in court from her hideout. She was not allowed to go back home a free person.

Remanded in Police custody

Justice Salisu Garba of the Federal Capital Territory High Court ordered that she be remanded at Maitama Police Station after he okayed her for trial over her alleged role in the N300 million unspent budget of the Health Ministry.

Justice Garba held that her non-appearance in court before yesterday jeopardised the chances of getting her applications considered on its merit.

Since her applications seeking to quash the charge against her was struck out, the court ruled that she must appear in court to take her plea on May 21.

Counsel to the EFCC, Mr James Binang, insisted on Obasanjo-Bello’s presence in court as consideration of the applications brought on her behalf. Binang had prayed the court to guard against the abuse of its process.

He submitted that “by the 28th of April, 2008 when these applications came up for hearing, all the issues have been joined by way of affidavit evidence, since the court had consolidated all applications and ordered the parties to file written submissions.

“This is a criminal trial and the charge is properly before this court. The 11 other accused persons who are standing trial before the court have subjected themselves to the jurisdiction of this court; taken their pleas and are now contesting the charge.

“It is in the interest of justice that the 12th accused person/applicant/respondent be ordered to submit herself properly to the criminal jurisdiction of this court before consideration is given to any application to quash the charge as is the case with the other accused persons who are now contesting the charge.

What is good for the goose is good for the gander,” Binang stated in his written address.

The court eventually moved in favour of EFCC while Mr Yusuf Ali (SAN), counsel to the second accused person, Mr. Gabriel Aduku, the former Minister of State for Health, joined the Senator's counsel, Mr Akomolafe, to urge the court to allow her plea yesterday since she voluntarily submitted herself to the court.

Ruling on the arguments, Justice Garba set aside his earlier position that the accused person be arraigned in court on May 21.

After the charges were read to her, Obasanjo-Bello pleaded not guilty to the charges. Her lawyer, Akomolafe, then moved the motion for her bail.

In his oral application, he prayed the court to grant the 12th accused person bail for her obedience to the court.

According to him, even before she was made a party in the case, she had appeared through her counsel, adding that the alleged offences are bailable.

“Counts 55 and 56 are bailable offences and considering the fact that other accused persons are already on bail, I urge your lordship to extend such discretion to the 12th accused,” he said.

Iyabo pleads for bail

Akomolafe also appealed to the court to grant the 12th accused person bail on self cognisance as an ex-commissoner in Ogun State, a medical personnel and a distinguished senator.

The oral bail application was countered by the EFCC lawyer on three grounds. Binang said: “Because of the ugly antecedents of this case, there are some facts which I would want to bring to court by affidavit evidences.”

EFCC kicks against Iyabo's bail plea

Praying the court to refuse the oral bail application of Obasanjo-Bello’s counsel since other accused persons were asked to apply formally before they were granted bail, Binang argued that the 12th defendant submission should come by affidavit evidence.

He also asked the court to distill the case from that of Ebute’s cited by the defence counsel in that the referred senator properly submitted before the law court.

Referring to Sections 341 and 342 of the Criminal Procedure Code (CPC) which give prominence to formal bail application, Binang urged the court to discountenance the oral application and that the 12th accused person must also be remanded in custody the same way other 11 accused persons were kept before their formal applications were considered.

“This is a court of justice. What is good for the goose is good for the gander,” he said.

This unsettled Akomolafe who cut in to say that the bail condition extended to others have been settled by the court so it could extend same to his client.

Ruling on the argument, Justice Garba said since the case was a joint one, Obasanjo-Bello should not be an exemption. “Therefore the oral bail application for the 12th accused is hereby refused. I hereby order that the 12th accused person be remanded in EFCC custody.”

Akomolafe alleged threat by EFCC to maltreat the senator, upon which the judge ruled that she be detained in Maitama Police Station.

Justice Garba fixed the hearing on formal bail application for May 21.

He also granted the application by EFCC and other accused persons in the case to adopt written addresses on whether or not the charge preferred against them should not be quashed.

The court gave the prosecution five days to file its written address and three days for the defence to reply on point of law.

Senator Obasanjo-Bello arrived the court premises yesterday in her private black Landcruiser jeep with Lagos number plate MY 456 YAB at 8:47am.

Even before her arrival, her supporters and admirers who travelled all the way from the South-West states were already waiting for her.

But following the judge’s ruling that she be remanded in police custody, she was taken away by a combined team of men of the EFCC and the Nigeria Police to Maitama Police station in a white 18-seater Toyota Hiace with Abuja number plate AU 329 YAB.

She was driven away from the court premises at 12:17 p.m.

Senate pledges support for Iyabo

Meanwhile, the Senate has pledged support for her.

The news of the arraignment and her incarceration was met with disbelief in the Senate as her associates expressed fear that her present troubles could force Obasanjo-Bello, who had previously indicated her plan not to seek a second term, to resign her seat.

One Senator also expressed fears that the fate of Senator Obasanjo-Bello could envelop other Senators who could also be subjected to a similar treatment.

Responding to the arraignment of Senator Obasanjo-Bello (PDP, Ogun Central), Senate spokesman, Chief Ayogu Eze, commended her for honouring the court invitation, saying the Senate expected no less from her.

“I am aware that she has appeared. We commend her decision to honour the invitation by the court, Senate expected no less,” Senator Eze said following the arraignment of the Senator who has been missing from Senate activities for more than one month.

“There was nothing to compel her before to appear before the court, the law will take its course because we expected no less. As a law-abiding citizen, she has decided to answer the court summons, she is one of us and we will stand by her throughout her trial,” Eze added.

One Senator speaking on the condition of anonymity lamented the fate that had befallen Senator Obasanjo-Bello, saying it could lead to further actions against lawmakers.

Friends of Senator Obasanjo-Bello also expressed fear that the arraignment could force her to seek an early retirement from the Senate.

“She has long announced because of all these things that she is not coming for a second term,” the Senator said, adding that she could seek an early withdrawal from the Senate.