Justice Maryann Anenih of the Federal High Court, Abuja, has remanded Yahaya Bello, the immediate past Governor of Kogi State, and two other defendants in the custody of the Economic and Financial Crimes Commission (EFCC).
The trio is to remain in custody until December 10.
At the arraignment of Bello on Wednesday over an alleged N110 billion fraud, Justice Anenih took his plea and adjourned ruling on his bail application to December 10 and directed that the three defendants should remain in EFCC custody.
The judge fixed the date after taking arguments for and against the bail request by Bello’s lawyer, Mr. Joseph Bodunde Dauda (SAN), and the prosecution counsel, Mr. Kemi Pinheiro (SAN).
Persecondnews reported that Bello and two others had pleaded not guilty on Wednesday to the 16-count charge of fraud brought against them by the EFCC.
After entering their plea, the defendant’s counsel, Daudu, made a bail application for their bails, but EFCC counsel, Pinheiro, opposed it, claiming the application had expired in October.
However, Daudu clarified that the only relevant application before the court was the motion for bail filed on November 22 for the first defendant.
Relying on all the paragraphs of the affidavit, he added that the bail application was also supported with a written address.
He said: “Exhibit A, which is the public summons, is very vital, and the appearance of the defendant in court today shows he has respect for the law.”
The EFCC had moved for trial to commence immediately and was ready to call its first witness.
But Bello’s counsel argued that they were served with the charge at 11 pm on November 26 and that he would need time to prepare his client.
On the bail application, Daudu said the law in the country says a defendant is innocent until proven guilty.
He said: “It is within his rights to enjoy his liberty while preparing for trial. The prosecution’s objection is based on the fact that he is facing charges at the Federal High Court and has refused to appear to take his plea.
“The court should not use issues from another court to determine issues before the FCT High Court.”
Pointing out some paragraphs in the counter affidavit, he said the prosecution raised issues that had to do with a matter at the Federal High Court.
He said: “When the jurisdiction of the court is challenged, the defendant need not appear until the issues arising from the jurisdiction are resolved.”
Objecting to the submissions of Mr. Bello, counsel to EFCC held that his preliminary objection was anchored on three grounds: the competence of the application, the factual content of the application, and the application of judicial principles and guidance.
Justice Anenih then rose for a short recess, and thereafter the prosecution counsel also opposed the bail application for the 2nd defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House, there was the likelihood of him committing the same offence.
But the defendant’s counsel argued that the use of “may” in the prosecution’s counter affidavit did not show where the 2nd defendant allegedly committed another offence after being granted bail.
He insisted that the counter affidavit lacked merit as it did not show that the defendant was a habitual offender. He therefore urged the court to grant the application for bail.
Persecondnews recalls that Umar Oricha and Abdulsalami Hudu had earlier been admitted to administrative bail by the EFCC while the former governor appeared before the court for the first time on Wednesday.
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