Justice Maryann Anenih of a Federal High Court in Maitama, Abuja, on Tuesday, refused to grant the bail application of Yahaya Bello, a former governor of Kogi State, describing the application as premature.
The judge struck out Bello’s bail application because it was filed prematurely, before he was taken into custody by the Economic and Financial Crimes Commission (EFCC).
Persecondnews recalls that the application was filed on November 22 while the former governor was taken into custody by the anti-graft agency on November 26 and arraigned on November 27.
Bello is standing trial, along with two others, in an alleged N110 billion money laundering charge brought against him by the EFCC.
At the hearing, Mr. Joseph Daudu (SAN), counsel to the defendant, persuasively argued before the court that he had presented sufficient facts and compelling grounds to justify the granting of bail to Bello.
He urged the court to exercise its discretion in a judicial and judicious manner, granting bail to the defendant in the interest of justice.
Opposing the bail application, the prosecution counsel, Mr. Kemi Pinheiro (SAN), argued that the application was “fundamentally flawed and grossly incompetent” as it had been prematurely filed before the defendant’s arraignment.
Pinheiro maintained that the bail application should have been filed after the defendant’s arraignment, but the defence counsel countered the assertion, arguing that there was no legal authority to support such a requirement.
In her ruling, Justice Anenih held that: “The instant application for bail showed that it was filed on the 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Citing the relevant provisions from the Administration of Criminal Justice Act (ACJA), the judge noted that a bail application can only be entertained when a defendant has been arrested, detained, arraigned, or brought before the court.
Meanwhile, the court granted the second defendant, Umar Oricha, bail in the sum of N300 million, with two sureties.
The court specified that the two sureties must be property owners in Maitama, with assets valued at not less than N300 million, and they are required to deposit their original title documents with the court as a condition for the bail.
Furthermore, the court ordered that the sureties must swear to an affidavit of means, providing proof of their financial capability, and deposit copies of their passports with the court as additional conditions for the bail.
Additionally, the court ruled that Umar Oricha must surrender his travel documents and be remanded in prison custody until he fulfils the specified bail conditions, at which point he will be released.
Persecondnews recalls that on November 27, Justice Anenih had ordered Bello and two other defendants remanded in the custody of the EFCC until today, December 10.
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