Justice AbdulAziz Anka of the Federal High Court, Lagos, has granted bail to the Balogun of Epe Kingdom, Chief Olajide Ikuforiji, who was arraigned before the court by the Special Fraud Unit (SFU), of Nigeria Police Force, on alleged forgery, in the sum of N10 million with a surety in the like sum.
The judge also ordered that the surety who should be forty five years and above, must be a resident of Lagos State, and a landed property owner within the state.
The judge also ordered that the surety must show evidence of two years tax payment, and submit two passport photographs with the court's Deputy Chief Registrar (DCR) and that all documents provided by the sureties must be verified by the court's Registrars.
The judge granted the Epe Chief's bail application after entertaining argument by his lawyer, Mr. Abiodun Onidare.
In urging the court to admit the chief to bail, Mr. Onidare submitted that the bail application dated August 10, 2016, was brought pursuant to sections 36, 35, and 34 of the Nigeria Constitution, 1999, and in accordance with sections 158 and 163 of the Administration of the Criminal Justice Act (ACJA).
Mr. Onidare particularly informed the court that if his client was admitted to bail, he will not commit any offence, run away from the court's jurisdiction, nor interfere with further investigation by the police.
He also informed the court that his client who is next in rank to the monarch of Epe Kingdom, will not conceal or destroy any evidence or undermine or jeopardize the objectives and purpose or the functioning of the ACJA.
However, the prosecutor, Mr. Effiong Asuquo, a Chief Superintendent of Police (CSP), who informed the court that he filed a nine-paragraph counter-affidavit opposing the bail application, said he left the decision to grant bail at the court discretion.
However, Mr Onidare urged the court to discontinuance the counter-affidavit filed by the prosecutor on the ground that it did not challenge all the arguments canvassed in the bail application and that the prosecutor failed to affix his Bar seal to the application.
Consequently, Justice Anka struck out the prosecutor's counter-affidavit, and granted the bail application.
It would be recalled that Chief Ikuforiji, who is the Balogun of Epe Kingdom, was arraigned before the court last Wednesday.
He was alleged of forging minutes of an emergency meeting of the Eko Epe Forum held on October 20, 2012, over a chieftaincy tussle.
The police alleged that the defendant did so “with intent to defraud,” adding that he “fraudulently uttered (presented) a forged and false” document with intent that it may be acted upon as genuine.
The police alleged the defendant's act was to prejudice the Oba S.O. Adewale of Epe Kingdom as well as Alhaji Adio Oduola and Alhaji Tunde Bello.
The alleged offence is contrary to Section 1 (2) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004.
He had however, pleaded not guilty to the two-count charge.
The matter has been adjourned till October 5, for hearing.
The judge also ordered that the surety who should be forty five years and above, must be a resident of Lagos State, and a landed property owner within the state.
The judge also ordered that the surety must show evidence of two years tax payment, and submit two passport photographs with the court's Deputy Chief Registrar (DCR) and that all documents provided by the sureties must be verified by the court's Registrars.
The judge granted the Epe Chief's bail application after entertaining argument by his lawyer, Mr. Abiodun Onidare.
In urging the court to admit the chief to bail, Mr. Onidare submitted that the bail application dated August 10, 2016, was brought pursuant to sections 36, 35, and 34 of the Nigeria Constitution, 1999, and in accordance with sections 158 and 163 of the Administration of the Criminal Justice Act (ACJA).
Mr. Onidare particularly informed the court that if his client was admitted to bail, he will not commit any offence, run away from the court's jurisdiction, nor interfere with further investigation by the police.
He also informed the court that his client who is next in rank to the monarch of Epe Kingdom, will not conceal or destroy any evidence or undermine or jeopardize the objectives and purpose or the functioning of the ACJA.
However, the prosecutor, Mr. Effiong Asuquo, a Chief Superintendent of Police (CSP), who informed the court that he filed a nine-paragraph counter-affidavit opposing the bail application, said he left the decision to grant bail at the court discretion.
However, Mr Onidare urged the court to discontinuance the counter-affidavit filed by the prosecutor on the ground that it did not challenge all the arguments canvassed in the bail application and that the prosecutor failed to affix his Bar seal to the application.
Consequently, Justice Anka struck out the prosecutor's counter-affidavit, and granted the bail application.
It would be recalled that Chief Ikuforiji, who is the Balogun of Epe Kingdom, was arraigned before the court last Wednesday.
He was alleged of forging minutes of an emergency meeting of the Eko Epe Forum held on October 20, 2012, over a chieftaincy tussle.
The police alleged that the defendant did so “with intent to defraud,” adding that he “fraudulently uttered (presented) a forged and false” document with intent that it may be acted upon as genuine.
The police alleged the defendant's act was to prejudice the Oba S.O. Adewale of Epe Kingdom as well as Alhaji Adio Oduola and Alhaji Tunde Bello.
The alleged offence is contrary to Section 1 (2) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004.
He had however, pleaded not guilty to the two-count charge.
The matter has been adjourned till October 5, for hearing.
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