by Peace Akpobome
A High Court of the Federal Capital Territory (FCT) in Maitama on Tuesday remanded the immediate past governor of Kogi State, Yahaya Bello, in Kuje Correctional Centre pending hearing of his bail application.
The presiding judge, Justice Maryann Anenih, also adjourned hearing in the N110 billion money laundering case brought against Bello by the Economic and Financial Crimes Commission (EFCC) to January 29 and 30, and February 25 and 27, 2025, for hearing.
Justice Anenih had earlier refused to grant a bail application filed by the former governor, saying the application was premature and incompetent as it was submitted before Bello was taken into custody by the EFCC.
The application, filed on November 22, predated Bello’s detention by the EFCC on November 26 and his subsequent arraignment on November 27.
The judge said the defendant’s counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail. Daudu also urged the court to exercise its discretion judicially and judiciously to grant the bail.
In opposing the motion, the Prosecution Counsel, Kemi Pinheiro, SAN, had argued that the application was grossly incompetent, having been filed before arraignment. He said it ought to be filed after arraignment, but Bello’s counsel disagreed, saying there was no authority “that says that an application can only be filed when it is ripe for hearing”.
Delivering her ruling, Justice Maryann Anenih explained that a bail application is typically intended to challenge the detention of a defendant. Citing provisions of the ACJA, the judge said the law provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
“Consequently, the instant application, having been filed prematurely is hereby refused,” she said.
Former Governor Bello is standing trial, along with two others, over an alleged N110 billion money laundering charge brought against them by the EFCC.
Bello had filed an application for his bail on 22nd November, 2024, but was taken into custody on 26th November, 2024, and arraigned on 27th November, 2024.
Sources say Bello’s lawyers could file a fresh bail application and apply to the court for an early hearing date. If the request for an early date is granted by the court and the fresh bail application granted, Bello could escape spending the yuletide period in Kuje correctional centre.
The 2nd defendant, Umar Oricha, was, however, granted N300 million bail, with two sureties, “who shall have property in the Maitama District of the FCT, within the jurisdiction of the court”.
The court said the defendant shall not travel outside without the leave of the court and shall remain in Kuje Correctional Centre pending the fulfilment of the bail conditions.
The 3rd defendant, Abdulsalami Hudu, was also granted N300 million bail with the same conditions as the 2nd defendant.
The judge, however, said that each surety must enter into a bond for not more than one defendant, while the defendants were directed to deposit their international passports with the Court Registrar.