By Adadareporters
An Enugu Magistrates’ Court sitting at Obollo-Afor, Thursday, granted the councilor representing Umualor ward of Isi-Uzo Legislative Council, Maxwell Aluagbo, bail.
Aluagbo was last week remanded in prison custody over allegations of fraud and embezzlement preferred against him by the Enugu State government.
The lawmaker had allegedly diverted the sum of N1.1m meant for Internally Displaced Persons (IDPs) from the Ehamufu farmers/Fulani herders’ crisis in the area.
Reacting to the allegation, Aluagbo said that he was being framed up by the chairman of Isi-Uzo Local Government Area for attending a LP House of Assembly member’s inauguration.
However in a virtual hearing before Justice C. C Ani, on Friday, the counsel to the lawmaker, Emeka Abah, argued that charging of the applicant for an offence under Advance Fee Fraud and other Related Offence Act at the Magistrates’ Court was a mere ploy to illegally remand and detain the applicant by punishing him unjustly.
He said that, “The magistrate not having the jurisdiction on a matter of such does not have the jurisdiction to remand the applicant see – Ogor v Kolawole (Supra)
“In conclusion My Lord, it is therefore our final submission that there is no substantial fact linking the applicant to the alleged offence. There is even no such fact let alone being substantial.
“In view of the foregoing, we humbly urge the court to exercise its discretion in favour of the applicant and admit him to bail in the interest of justice.”
Justice Ani, after hearing the submission, granted Aluagbo bail as the respondent counsel, S. C. Ozioko, of the Ministry of Justice was not able to tell the court why the bail application should not be granted.
