Adedipe during the hearing on the violation of fundamental rights suit filed against the EFCC, told Justice Olukayode Adeniyi that Fani-Kayode was offered bail by the EFCC but he has only been able to meet part of the conditions.
Adedipe alleged that the remand of Fani-Kayode by the EFCC is a violation of his fundamental human rights and his detention since May 9, 2016 is unconstitutional as he is being held without being charged for financial crimes against the Federal Republic of Nigeria.
He said, “The constitution anticipates that a man maybe arrested but not necessarily arraigned as provided in the Administration of Criminal Justice Act (ACJA).”
He submitted that it is violating on constitutional requirement that Fani-Kayode has not been charged to court but being held in detention that there is provision under the constitution or any law for the actions of the anti-graft agency.
Adedipe further told the court that the EFCC said Fani-Kayode was being investigated in connection to a company called Joint Trust Dimension through which over N800m was allegedly transferred to the account of Fani-Kayode.
“The applicant (Fani-Kayode) has never said he did not receive the money (N800m) in question. He was the Director of Publicity for the Presidential Campaign Organisation of the former president Goodluck Jonathan who paid him the money,” Adedipe said.
Responding, counsel to the respondent EFCC, Salisu Majidadi, informed the court that a remand order from a Magistrate Court in Lagos has been attached to a better and further affidavit and written address put forward before the court which they would rely on.
“Bearing in mind the constitutional requirement of remanding the applicant, a remand order was acquired from a Magistrate Court on May 10 in Lagos which is attached to the affidavit,” he said.
Justice Olukayode, after hearing the arguments and submissions of the both counsels adjourned till June 29, 2016 for judgment in the fundamental rights suit against the EFCC by Fani-Kayode.
“Judgment in this original motion is hereby reserved till 29 June 2, 2016,” the judge held.