On the 5th of December, 2019 one Mr. Yahaya, a business man was arrested by the EFCC and taken into custody in Lagos for alleged financial offences.
Mr.Thany, was briefed to handle the matter and he applied for administrative bail at the EFCC but same was refused.
The EFCC on the 16th of December, 2019 further secured a remand Order from the Magistrate Court of Lagos State Coram L. Y. Balogun (Mrs) to detain Mr Yahaya for a period of 30 days effective from the 16th of December, 2019 to the 16th of January, 2020.
Swiftly, Mr. Thany filed a summons for bail at the Federal High Court, Ikoyi, Lagos.
The Christmas vacation of the Court commenced on the 19th of December, 2019 and to end today 10th of January, 2020 , so the case could not be assigned to any Court during the vacation
except a motion for hearing the Summons during vacation was filed. EFCC also rejected service on the grounds that the matter had not been assigned to any court and no date fixed for same.
Moved by the plight of the detained businessman, the lawyer filed a motion on notice on the eve of Christmas, 24th December, 2019 for leave to hear his summons for bail. The matter was immediately assigned to a vacation judge who commenced sitting on Monday the 27th December, 2019. This time, he filed an exparte application for leave to be heard during vacation.
He appeared before the vacation Judge Justice Muslim S. Hassan and withdrew the earlier motion on notice and same struck out. Mr. Thany. moved the motion ex parte and same was granted; both Orders granting leave for hearing during vacation and Summons for bail were served on the EFCC.
The EFCC responded with a counter affidavit and written address. The summons was argued on Tuesday the 7th of January, 2020 and the court delivered its ruling on 8th of January, 2020.
The Court in its considered ruling directed the EFCC to release Mr. Yahaya on the 16th of January, 2020 at the expiration of the remand Order or charge him appropriately
if there is any case against him.
The Certified True copy of the ruling and enrolled Order were served on the EFCC yesterday, the 9th January, 2020.
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