The Abuja Division of the High Court has on Friday dismissed the bail application filed by a former governorship candidate of the Peoples Democratic Party (PDP) in the 2014 election in Osun State, Iyiola Omisore, describing it as premature and incompetent.
Omisore was apprehended on July 3 and has since then been detained in the custody of the Economic and Financial Crimes Commission (EFCC) over alleged criminal investigation as regards to the N1.3bn slush funds traced to him from the Office of the former National Security Adviser.
At the resumed court session today, the judge, Justice Olukayode Adeniyi, held that the counsel to the applicant failed to show what powers the court had to reverse the order of a court with concurrent jurisdiction.
“I am not aware of any order to make in the instant applications, which have the tendency and implications of upturning the existing order of my learned brother Justice Jude Okeke.
I must therefore agree with the submissions of the respondent’s counsel that in the present situation this court hasn’t made an order for the remand of the applicant for the period of 14 days.
And now turn around to make another order undermining the same order for remand for the release of the applicant on bail.
In other words, the issue of bail cannot arise from this court that validly made an order for his remand during the lifespan of that order.
In my view, the cause open for the applicant in this circumstance is to wait for the expiration of the order of July 8, and there after exercise his rights under Section 296 (3) of the Administration of Criminal Justice Act to renew his application for bail,” Adeniyi said.
The judge said that in totality and with no further ado, his decision was that the application was premature in the circumstance and was thereby incompetent and inappropriate.
“Even though I have not considered its substance, the application is hereby dismissed,” Adeniyi said.