Justice Maryann Anenih of the Federal Capital Territory High Court has declined a bail application filed by Yahaya Bello, the former governor of Kogi State, describing the application as premature.
In her ruling, Justice Anenih stated that the application was filed at a time when the defendant was neither in custody nor formally before the court, rendering it incompetent.
Bello is facing trial alongside two others on charges of alleged N110 billion money laundering, brought against them by the Economic and Financial Crimes Commission (EFCC).
Arguments on the Bail Application
During the hearing, the defense counsel, JB Daudu (SAN), argued that Bello should be granted bail, emphasizing that his client, a two-term governor of Kogi State, would neither interfere with witnesses nor abscond if released. Daudu urged the court to exercise its discretion judiciously.
However, the prosecution counsel, Kemi Pinheiro, opposed the application, describing it as grossly incompetent since it was filed before Bello’s arraignment. He insisted that a bail application should only be filed after the defendant has been arraigned.
Court’s Decision
Justice Anenih, while delivering her ruling, explained that the application was filed on November 22, days before Bello was taken into custody on November 26 and subsequently arraigned on November 27.
Citing provisions of the Administration of Criminal Justice Act (ACJA), she clarified that a bail application can only be made after a defendant has been arrested, detained, or brought before the court. Consequently, Bello’s application was dismissed.
Bail Granted to Second Defendant
Meanwhile, the second defendant, Umar Oricha, was granted bail in the sum of N300 million, with stringent conditions. The conditions include providing two sureties who must own properties in Maitama, Abuja, valued at no less than the bail sum. The original title documents of the properties must be deposited with the court.
The sureties are also required to submit an affidavit of means and copies of their passports. Additionally, Oricha must deposit his travel documents with the court and will remain in custody until he fulfills the bail conditions.