An Enugu State High Court sitting in Obollo-Afor has granted the Councillor representing Umualor ward at the Isi-Uzo Legislative Council, Enugu State, Maxwell Aluagbo, bail.
Aluagbo who was last week remanded in prison custody over allegations of fraud and embezzlement proffered against him by the Enugu State Government was said to have diverted the sum of N1.1 million meant for Internally Displaced Persons (IDPs) from the Ehamufu farmers/Fulani herders crisis in the area.
Aluagbo had alleged that he was being framed up by the Chairman of Isi-Uzo Local Government Area for attending LP House of Assembly member's inauguration.
However in a virtual hearing before Justice C. C Ani, on Friday, Council 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 Magistrate court was a mere ploy to illegally remand and detain the applicant by punishing him unjustly.
"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. The applicant therefore from the available affidavit evidence, placed before this court, sufficient facts requiring the court to admit him to bail.
"In view of the foregoing my lord, we humbly urge the court to exercise its discretion in favor of the applicant and admit him to bail in the interest of justice", he said.
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.