By Ola Ajayi
LAGOS—The Economic and Financial Crimes Commission, EFCC, yesterday challenged the applications by former Managing Director and Chief Executive Officer of Fin Bank Plc, Mr. Okey Nwosu and three other directors of the bank standing trial for corrupt charges before a  Federal High Court sitting in Lagos, praying the court to vary their bail conditions.

EFCC in the objection, said Nwosu’s affidavit in support of his application did not raise cogent reasons that will warrant the court to grant his prayers, adding that nothing has changed from when the accused persons were admitted to bail and now to warrant the variation of their bail conditions.

The commission urged the court to discountenance the argument of the defence counsel on the Appeal Court pronouncement in the case of Federal Government  vs. Ibori, saying that section 41 of the 1999 constitution overrides other pronouncement,  including that of the Appeal Court Justices.

According to the commission, Section 41 (2) (A) qualifies the right of movement of a citizen, as well as the restriction of anyone suspected to have committed criminal offence from leaving Nigeria and Section 118 of the Criminal Proceedings Act, CPA, is  in line with section 41 of the constitution, which gives the court the powers to order the restriction of an accused person’s movement

Nwosu in the application, had prayed the court to vary the terms of his bail,  particularly the part restricting him from travelling outside the country during the pendency of the charge against him.

He prayed the court to vary the bail condition in such a way, that he can be permitted to travel  abroad to attend to business that could sustain his family, since he has been out of job since last year, adding that the limitation in the bail condition granted to him by the court amounts to giving him bail in one hand and taking it with another by putting him in the prison of Nigeria.

Dayo Famoroti, the second accused person, also urged the court to allow him to travel abroad to attend to his business as well as medical check- up, contending that the objection by the EFCC  was based on speculation and fears that had already been taken care of in the Appeal Court decision in Ibori’s case. Ruling on the matter has been adjourned till August 6, 2010.