…Adjourned to January 29, 30 for trial
The Federal Capital Territory High Court, presided by Justice Maryann Anenih on Tuesday remanded immediate past Governor of Kogi State, Yahaya Bello in Kuje Correctional Centre pending the consideration of his bail application fixed for January 29, 2025.
The Court earlier on Tuesday declared Bello bail application filed before his arrest and arraignment on November 27, 2024 as incompetent having being prematurely filed by his counsel JB Daudu, SAN.
Justice Anenih adjourned hearing in the N110bn money laundering case filed against Bello and two others by the Economic and Financial Crimes Commission to January 29 and 30 and February 25 and 27 for hearing.
Delivering the ruling Justice Anenih ruled that the bail application having been filed when the 1st defendant was neither in custody nor before the court, “this instant application was incompetent.”
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
The former governor is standing trial, along with two others: Umar Oricha a permanent secretary in Kogi State Government House and Abdulsalami Hudu a business man in an alleged N110bn money laundering charge.
Recalling 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 said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
In opposing, the Prosecution Counsel, Kemi Pinheiro, SAN, had argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority “that says that an application can only be filed when it is ripe for hearing.”
Justice Anenih said, “The instant application for bail showed that it was filed on 22nd of November. This shows that it was filed several days before the 1st defendant was taken into custody.”
Reading from sections of Administration of Criminal Justice Act ,ACJA, the judge stated that the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Mr Bello had filed an application for his bail on 22nd November but was taken into custody on 26th November and arraigned on 27th November.
The 2nd Defendant, Umar Oricha, was, however, granted N300 million bail, with two sureties, “who shall have property in the Maitama District of the FCT, within the jurisdiction of the court.
He shall not travel outside without the leave of the Court and shall remain in Kuje Correctional Centre, pending the fulfilment of the bail conditions.
The 3rd Defendant, Abdulsalami Hudu, was also granted N300 million bail with the same conditions as the 2nd Defendant.
The judge, however, said that each surety must enter into a bond for not more than one defendant, while the defendants were directed to deposit their international passports with the Court Registrar.