Justice Maryann Anenih of the Federal Capital Territory High Court has declined to grant a bail application submitted by former Kogi State Governor Yahaya Bello, stating that the application was filed prematurely.
In her ruling, Justice Anenih explained that the application was submitted when Bello was neither in custody nor before the court, rendering the motion incompetent.
Bello, alongside two other individuals, is facing trial on an alleged N110 billion money laundering charge filed against him by the Economic and Financial Crimes Commission (EFCC).
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In the arguments before the court on the bail application, the judge had said, “Before the court is a motion on notice, dated and filed on 22nd November. The 1st defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She stated that the defendant’s counsel, JB Daudu (SAN), had informed the court that he had provided sufficient facts to justify the granting of bail. He urged the court to exercise its discretion both judicially and judiciously in granting the bail.
In response, prosecution counsel Kemi Pinheiro argued that the bail application was highly incompetent, as it was filed before the arraignment. He contended that such an application should have been filed after the arraignment, but the 1st defendant’s counsel disagreed, asserting there was no legal authority to support that position.
In her ruling, Justice Maryann Anenih stated, “The bail application in question was filed on the 22nd of November, which indicates that it was submitted several days after the 1st defendant was taken into custody.” Referring to the relevant section of the ACJA, the judge noted that the law allows for a bail application to be made when a defendant has been arrested, detained, arraigned, or brought before the court.
Bello had filed his bail application on November 22nd, although he was taken into custody on November 26th and arraigned on November 27th.
The second defendant, Umar Oricha, was granted bail in the sum of N300 million with two sureties. The sureties must own property in Maitama worth at least the bond amount, and they are required to deposit the original title documents with the court. Additionally, the sureties must swear an affidavit of means and submit copies of their passports.
The court further ruled that Oricha must deposit his travel documents and be remanded in prison custody until the bail conditions are met.
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