A human right lawyer, Femi Falana, may face contempt of court at the Lagos State High Court, Igbosere, following the release of an accused, Sunday Akinyemi, who was remanded in Ikoyi prison but said to be receiving treatment in the UK after being granted bail by Justice Mohammed Idris of the Federal High Court, Lagos.

Trial judge, Justice E. A. Adebajo, had on October 25, 2011 asked Falana to produce the documents relating to the proceedings at the Federal High Court. On the said date, Falana failed to appear in court but was represented by his wife, who asked the court for a short time to enable her husband gather all the documents related to the proceedings. The case was then adjourned till yesterday, November 18, 2011.

Falana’s absence in the court did not stall the trial, as lawyer representing him, Ishola Osobu, asked the court to stand down the matter as Justice Adebajo issued an order requesting the deputy comptroller of Ikoyi prison to appear before the court at the next adjourned date.

In his words: “The deputy comptroller is hereby ordered to appear before this court to explain to the court the release of an accused (Akinyemi) who was kept in his custody.”

The deputy comptroller of Ikoyi prison is to appear before the court on the next adjourned date.

Akinyemi (accused) was arraigned with Olu Osho (2nd defendant) over a 30- count charge bordering on conspiracy and fraudulent conversion of various sums of money belonging to Texas Connexion Services Limited, filed by the Economic and Financial Crimes Commission (EFCC).

It will be recalled that before the case was brought to Justice Adebajo’s court, Justice Oke Lawal of the Lagos High Court had on March 24 refused the bail application sought by Sunday Akinyemi (1st defendat) and Olu Osho (2nd defendant), which he stated in his ruling that “the prosecutor has placed before the court evidence of criminal antecedents of the defendant coupling with the other factors of the nature of the charges, strength of evidence, the severity of the punishment, likelihood of repetition of offence, danger of accused absconding and/or interfering with the witness. I find that the prosecution has placed weighty evidence before the court.”

According to the EFCC, Akinyemi (1st defendant) before coming to Nigeria, was arrested on July 1993, by the Drug Enforcement Administration in Houston, Texas, on charges on money laundering, conspiracy and possession of heroin. On 22 September 1995 he was convicted and sentenced to 108 months in prison, after violating terms of pre-trial release on 10 August 1993. Also, on 10 November 2004, Akinyemi (1st defendant) was allegedly arrested by the US Internal Revenue Service (IRS) in Jacksonville, Florida on charges of income tax violations. Akinyemi failed to appear for judicial proceedings and an arrest warrant was issued by the US Marshals Service in Houston, Texas for his arrest on 9December 2004.

The accused (Akinyemi) bail application that was filed by Falana at the Federal High Court, Lagos, was in his favour after the judge, Justice Mohammed Idris, released him (Akinyemi) unconditionally to attend to his failing health in the United Kingdom. Justice Idris ordered the Attorney-General of the Federation and the Deputy Comptroller of Prisons, Ikoyi ( who were named as respondents in the fundamental rights enforcement application) to release Akinyemi.

Falana had argued that the order of the court remanding his client at Ikoyi prison was still intact, having not been set aside by the Federal High Court, explaining that what the Federal High Court did was to grant the defendant, who was suffering from cancer, leave to travel abroad for medical treatment and to protect the accused’s right to life. He had assured the court that on Akinyemi’s return to the country, he would be taken back into prison custody and made to stand trial.