The Economic and Financial Crimes Commission (EFCC) has asked Justice Maryann Anenih of the High Court of the Federal Capital Territory to reject Yahaya Bello’s bail application.
Bello, the former governor of Kogi State, has been arraigned on a 16-count charge of alleged fraud totaling N110.4 billion, and he has entered a ‘not-guilty’ plea.
Led by their counsel, Mr. Kemi Pinheiro (SAN), the EFCC alleged that Bello, who is also facing another corruption charge at the Abuja Division of the Federal High Court, consistently refused to appear in court for his trial.
The commission opposed a bail application that Bello filed through his legal team that was led by a former president of the Nigerian Bar Association (NBA), Mr. Joseph Daudu (SAN).
After the former governor and his co-defendants, Umar Oricha and Abdulsalami Hudu, pleaded not guilty to a 16-count charge, their lawyer, Daudu, drew the court’s attention to a bail application that had been filed on November 22.
In the application he predicated on six grounds, the former governor argued that he enjoys the presumption of innocence under the law.
Insisting that he ought to be seen to be innocent of all the allegations the EFCC levelled against him until his guilt is established.
Bello contended that granting him bail would enable him to effectively prepare his defence to the charge.
Bello’s lawyer told the court that Bello only received the charge against him at 11 pm on November 26.
He said the former governor’s presence in court was in obedience to the summons that was issued on him.
Bello’s lawyer urged the court not to be swayed by EFCC’s claims with regards to a matter not related to the instant charge before it.
The prosecution counsel notified the court that key witnesses were ready to testify and requested permission to proceed with the case immediately.
However, the defence counsel opposed the motion, causing a temporary delay in the proceedings.
Besides, EFCC argued that Bello’s bail application was incompetent since it was filed before the defendants were arraigned before the court.
Pinheiro said: “This court only assumed jurisdiction upon the arraignment of the defendants.
“It is only after arraignment that the bail application can arise and be heard.
The application is premature, hasty, and contradicts the meaning of bail.”
Bello and his co-defendants are facing trial over their alleged complicity in a N110 billion fraud.
The charge against the defendants, marked CR/7781, borders on conspiracy, criminal breach of trust, and possession of unlawfully obtained property.
Specifically, the EFCC alleged that the former governor misused state funds to acquire properties, including No. 35 Danube Street, Maitama District, Abuja (N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million), and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million).
Other properties the defendants allegedly acquired with funds stolen from the Kogi state treasury included Block D Manzini Street, Wuse Zone 4, Abuja (N170 million); Hotel Apartment Community: Burj Khalifa, Dubai (Five Million, Six Hundred and Ninety-Eight Thousand, Eight Hundred and Eighty-Eight Dirhams); Block 18, Gwelo Street, Wuse Zone 4, Abuja (N60 million); and No. 9 Benghazi Street, Wuse Zone 4, Abuja (N310.4 million).
The defendants are also accused of transferring $570,330 and $556,265 to TD Bank, USA, and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
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