On Friday, December 13, 2024, a Federal High Court in Abuja granted bail in the sum of N500 million to the immediate past Governor of Kogi State, Yahaya Bello.
Bello faces 19 charges related to criminal breach of trust and money laundering, specifically the misappropriation of ₦80,246,470,089.88 billion of Kogi State’s funds.
He is accused of embezzling the funds during his eight-year tenure and using them to acquire properties both in Nigeria and abroad.
The charges violate Section 18(a) and are punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.
The former governor, who had previously ignored multiple court summons for arraignment and was declared wanted by the Economic and Financial Crimes Commission (EFCC) in April, voluntarily surrendered to face trial in November.
At the start of the proceedings on Friday, the prosecution was led by Dr. Kemi Pinheiro (SAN), who was joined by Olukayode Enitan (SAN) and other lawyers.
The defense team was represented by J.B. Daudu (SAN), Abdulwahab Mohammed (SAN), and others.
After appearances were announced, Pinheiro informed the court that the case had been adjourned for arraignment.
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He also mentioned a motion to shorten the time between the adjournment and the new date of January 21, 2025. However, the motion was withdrawn, as circumstances had changed, and the court agreed to strike it out.
Bello was formally arraigned, and the 19 charges were read to him in court.
One of the charges reads: “That you, Yahaya Adoza Bello, Ali Bello, Dauda Suleiman, and Abdulsalam Hudu (still at large), sometime in February 2016 in Abuja, within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of ₦80,246,470,089.88, which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit: criminal breach of trust, thereby committing an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.”
Other charges involve alleged fraudulent transactions amounting to billions of naira and foreign currency, executed between 2016 and 2023 through multiple companies.
He pleaded not guilty. Daudu then expressed an apology to the court for Bello’s failure to comply with the previous summons for his arraignment.
He further clarified that the defendant’s actions were a result of questioning the court’s jurisdiction, not a sign of disrespect.
“My lord, I am apologising on behalf of the defendant for any perceived disrespect toward the court in the past.
“For the record, my lord, I wish to apologise for any impression that the defendant refused to appear before your Lordship. He directed his former counsel to challenge the court’s jurisdiction, which led the matter up to the Supreme Court. This was not an act of disrespect but a procedural move,” Daudu said.
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In further persuasion for the grant of bail, the senior counsel highlighted the defendant’s status as a two-term governor and assured the court that the defendant would appear for trial on all adjourned dates and would not jump bail.
Daudu added that having held many high-esteem positions in the legal profession, he could, “with all humility and sincerity,” assure the court of the defendant’s commitment to standing trial.
“The defendant, a two-term governor of Kogi State, holds the court in the highest regard. I assure this honourable court that he will appear for trial on all adjourned dates, barring sickness or death,” he added.
He further informed the court that he had conferred with Pinheiro, and both agreed that they would not belabour the Court further on the bail issue, having engaged in back-and-forth proceedings on the matter from the FCT High Court to the Federal High Court.
He assured the court that Bello was ready to submit to any bail conditions imposed by the court, subject to the judge’s convenience.
“I must express profound respect for my learned silk for the prosecution, Dr. Kemi Pinheiro (SAN). He shared a soft copy of the counter-affidavit before today’s proceedings, and we agreed to avoid unnecessary arguments. We urge the court to grant bail on reasonable terms and conditions,” he added.
Pinheiro, in response, relied on Rule 27(2)(a) of the Rules of Professional Conduct, 2023, which states: “A lawyer shall observe strictly all promises or agreements with other opposing lawyers whether oral or in writing and whether in or out of Court, and shall adhere in good faith to all agreements implied by the circumstances of the case.”
He confirmed having spoken with Daudu and that they had come to an agreement on the matter.
As a result, he accepted the assurances given by the Defence Counsel.
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Praising the defence counsel’s professionalism, Pinheiro said: “I must acknowledge the integrity of J.B. Daudu (SAN). We have worked to streamline the proceedings and reduce the burden on your Lordship. The EFCC is a professional, not a persecutorial body. However, the decision to grant bail and its conditions are entirely at the court’s discretion,” he said.
Pinheiro also noted the defendant’s apology, adding, “Let it be on record that the defendant has apologised through his counsel.”
In a brief ruling, Justice Nwite underscored his independence.
He noted that while the court typically would have reconsidered the defendant’s bail application, especially given his behavior, the judge was persuaded by Daudu’s humble request and the mutual agreement of both parties to grant bail.
“Neither party will guide me on what to do. However, given the assurances by J.B. Daudu, I am inclined to grant bail. But for these assurances, my ruling might have been otherwise,” Justice Nwite stated.
The court granted Bello bail in the sum of N500 million, with two sureties each providing a similar amount.
The sureties must own property within the court’s jurisdiction. Additionally, Bello is required to deposit his international passport with the Deputy Chief Registrar, submit recent passport-sized photographs, and swear to an affidavit of means.
Until these bail conditions are fulfilled, Justice Nwite ordered that Bello be remanded at the Nigerian Correctional Centre, Kuje. The trial was adjourned to February 24 and 28, as well as March 6 and 7, 2025.
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