A Chartered Accountant, Omafume Ademola Animashaun Ayinuola has challenged the decision of two judges of the Federal High Court in Lagos to deny her bail over allegations of fraud.
The Appellant in an appeal filed before the Court of Appeal, Lagos is urging the appellate court to set aside the decision made by Justice Akintayo Aluko and Justice Kehinde Ogundare, dismissing her bail applications on the ground that she is a flight risk.
Ayinuola and her mother, Lydia Ehrievuyere, were arraigned before the lower court by the police over an alleged fraud of N1.07 billion and $975,102.58.
They, however, pleaded not guilty to the charge.
While her mother was granted bail by Justice Aluko, who was then sitting as a vacation judge, in the sum of N500 million, with two sureties in like sum, the court refused Omafume bail on the ground that she would abscond from the trial.
After the court’s annual vacation, the defendant attempted to move another bail application before Justice Ogundare, before whom she was re-arraigned, but it was also rejected on the ground that the court could not sit on appeal of another high court decision.
Dissatisfied with both rulings, the defendant filed an appeal seeking to set them aside and also to secure an order of the upper court admitting her to bail.
In the Notice of Appeal, the Appellant argued that Justice Aluko misdirected himself in law when he failed to admit her to bail as the principle of the
presumption of innocence as guaranteed under Section 36 of the 1999 Constitution (As Amended) is in her favour, having not been convicted of the
offence before any competent court.
She also argued that the lower court erred in law and facts when it failed to appreciate the circumstances under which she allegedly procured another international passport for her
well-being and safety when the nominal complainant, her alleged jealous lover, was willing to make life unbearable and permanently keep her in jail.
The Appellant further maintained that even though she obtained the travel passport, she still voluntarily, without any force, physically reported herself to the police to be prosecuted.
She submitted that Justice Ogundare erred in Law when he dismissed her application for bail on March 20, 2024, on the basis that an earlier one had been refused on September 15, 2023, and that, for that reason, he cannot sit on appeal against the new bail applicatíon.
The Appellant insisted that dismissing her bail application by the judges was a breach of her fundamental right as it should have been determined on merit.
She also argued the police failed to present any evidence before the court to support its decision and that the lower court ought to have adequately considered, notwithstanding the alleged procurement of an international passport, her evidence and arguments in the interest of justice.
The Appellant also stated that there is no evidence which, if accepted, would support the
the lower court’s findings in arriving at its decision or justify her continuous detention.
No date has been fixed for the hearing of the appeal.
