The Federal High Court in Lagos has refused a bail application filed by Aminah Momoh-Orimoloye, a United Kingdom-based businesswoman accused of N500 million fraud.
The judge, Musa Kakaki, in a ruling on Monday, held that Ms Momoh-Orimoloye had already been granted administrative bail by the Economic and Financial Crimes Commission (EFCC) but failed to meet the conditions.
The judge said her inability to provide reliable sureties could not amount to a breach of her fundamental rights.
Ms Momoh-Orimoloye, the Coordinator of the Economic Empowerment of Women and Youth in Livestock Agriculture (EEWYLA) and founder of Oriyon International Limited, was arrested on 5 August.
She has since remained in EFCC custody.
Ms Momoh-Orimoloye, through her lawyer, Abimbola Akeredolu, who is a Senior Advocate of Nigeria (SAN), filed her suit seeking several prayers.
She asked the court to order the EFCC to produce her in court, admit her to bail pending investigation or charges, and release her within 24 hours in line with constitutional guarantees.
Ms Momoh-Orimoloye’s 13-paragraph supporting affidavit, deposed to by Johab Agbo of Banwo & Ighodalo chambers, alleged that she was being detained unlawfully without charges, subjected to “daily mental-draining interrogations” unrelated to the investigation, and kept in “deplorable conditions” without adequate food or medical care.
She further argued that EFCC imposed “onerous and unreasonable” bail conditions requiring two sureties who must be directors in the civil service and property owners in Lagos.
According to her, the deputy registrars of higher institutions she presented as sureties were rejected.
She also claimed that EFCC officials mocked and harassed her, frustrated her relatives’ attempts to secure her release, and ignored her deteriorating health.
“Despite clear provisions of the law mandating arraignment within 24 to 48 hours, the EFCC has in flagrant disregard of the Constitution continued to detain me without preferring any charge,” her affidavit stated.
But EFCC, in a 29-paragraph counter-affidavit sworn by an investigator John Justice and argued by its counsel, Suleiman Suleiman, urged the court to dismiss the application for lacking merit.
The commission said it received a petition from Nyam M. Arum & Co., on behalf of businessman Salihu Mohammed, alleging conspiracy and misappropriation in a N1.6 billion foreign exchange transaction.
EFCC alleged that Ms Momoh-Orimoloye, alongside others, diverted N500 million from the deal.
The anti-graft agency insisted that she was granted administrative bail but failed to produce credible sureties.
It said some sureties presented gave false information, including one man who admitted he was approached to impersonate a family member.
EFCC also described her as a “serious flight risk” because she resides in the UK.
On her welfare, the EFCC dismissed her claims of ill-treatment, saying she had access to medical care, visitors, and even opportunities to exchange foreign currency.
“The condition of the applicant in custody is not deplorable. She is properly attended to, and there is no report of a deteriorating medical condition,” the affidavit stated.
Ruling
Delivering the ruling, Mr Kakaki held that the EFCC had not breached her fundamental rights since she had already been granted bail.
The judge said her inability to provide reliable sureties was her own burden, not that of the commission.
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“The failure of the applicant to present reliable sureties should not be visited on the respondent,” Mr Kakaki ruled. “Since the respondent granted bail and the applicant cannot fulfil the terms, such cannot be said to breach her rights. Having been granted bail, what the applicant should do is to fulfill the bail terms.”
The court consequently refused the application.