Justice Emeka Nwite of the Federal High Court in Abuja has granted bail to Yahaya Bello, the immediate past governor of Kogi State, in the sum of ₦500 million with two sureties.
As part of the bail conditions, the defendant was required to surrender his international passport, and he would be remanded at the Kuje Correctional Centre until he fulfilled the remaining bail requirements.
This came after Bello had pleaded not guilty to the 19-count charges brought against him by the Economic and Financial Crimes Commission (EFCC).
He is facing trial for alleged money laundering to the tune of N80 billion.
At the resumed hearing of the case on Friday, counsel for the EFCC, Mr. Kemi Pinheiro (SAN), told the court that the prosecution intended to withdraw its earlier application to expedite the arraignment.
He said the application was now moot, having been overtaken by subsequent events.
The defendant’s team of lawyers, led by Mr. Joseph Daudu (SAN), however, did not object to it.
Justice Emeka Nwite promptly granted the request.
After entering his plea, the defendant’s counsel, Daudu, provided clarification on his absence from previous court hearings.
He said: “I would like to place on record that for any impression that might have been created that the defendant did not wish to appear before your lordship, coincidentally, the ruling on my lord’s sitting this morning dealt with the issue of jurisdiction.
“What the defendant did was to ask his counsel to challenge the jurisdiction of the court, which got to the Court of Appeal and the Supreme Court.
“So it was not wishful disrespect, but he was only trying to defend himself. So we all hold your lordship in high esteem. If that impression must have been, he should not have presented himself for arraignment. That episode is gone, and things are clearer now.”
While moving the application for bail, the defence counsel assured the court that the former governor would always be present for the trial.
He said: “I am saying this with the highest sense of responsibility that the defendant, a two-term governor of Kogi State who travelled only two times out of his eight years in service, will always be present in court at all times.
“There should be no apprehension that he will jump bail. So we urge your lordship to grant us very reasonable conditions of bail such that he will be able to bear.”
He praised the prosecution counsel for his exemplary conduct, acknowledging that he had handled the case with professionalism, recognizing it was not a high-stakes matter.
He noted that both the prosecution and defence had reached a mutual understanding to not contest the bail application.
Pinheiro concurred with the agreement, saying although they had filed a counter-affidavit, they would not oppose the bail, going by the assurances of the learned SAN.
Pinheiro said: “I must express my honour to the very eminent lead senior counsel. He is a man of immense stature, not because of his size.
“I do respect him as a former president of the NBA. I also confirm that we have been engaging in a series of discussions to ease the burden on your lordship in compliance with Rule 26 of the Rules of Professional Ethics.
“I also note that your lordship had delivered not less than five rulings in this matter, and it is our aim to ease the work. We are prosecutors, not persecutors, and EFCC is a professional commission, a prosecutorial, and not a prosecutorial commission.
“We accept the assurances of the very eminent SAN that the defendant will make himself available subject to your lordship’s discretionary terms that may be imposed.
“By so doing, we will ease the burden on the court. Therefore, we will not be opposing the eminent SAN’s submission.”
Ruling on the bail application, Justice Nwite said: “I have listened to the submissions of both counsels. It is not in dispute that both counsel have filed applications in respect of this.
“Based on the account exhibited by learned counsel for the defendant, which was exhibited and supported by prosecution counsel, I am minded to change my earlier stand on this matter.”
He subsequently granted the defendant bail in the sum of N500 million with two sureties.
As part of the bail conditions, the defendant was required to surrender his international passport, and he would be remanded at the Kuje Correctional Centre until he fulfilled the remaining bail requirements.
The case was adjourned until February 24, 2025, for the commencement of the trial.
Persecondnews recalls that on Friday, November 29, the court declined the EFCC request to arraign Bello in the absence of his lawyers.
Bello was scheduled to enter his plea before trial Justice Emeka Nwite on another 19-count charge that bordered on his alleged complicity in an N80.2 billion fraud.
When the matter was called up, none of his lawyers were present in court.
He maintained that his lawyers were probably not aware that the case, which was originally adjourned till January 21, 2025, was later brought forward by the court.
Justice Nwite directed that a hearing notice be served on Yahaya Bello’s lawyers, and he subsequently deferred further proceedings in the matter until December 13 to allow the parties to argue whether the original adjournment date should be brought forward.
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