Court rejects Yahaya Bello’s bail application

The Federal Capital Territory High Court on Tuesday declined a bail application filed by Yahaya Bello, the former Kogi State governor, ruling that it was filed prematurely.

Justice Maryann Anenih, delivering her decision, stated that the application was incompetent as it was filed before Bello was in custody or appeared before the court.

“Consequently, the instant application having been filed prematurely is hereby refused,” the judge ruled.

Bello, along with two others, is facing trial over an alleged N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

During the hearing, Justice Anenih recalled the defense’s arguments in support of the application, which was dated and filed on November 22.

According to the judge, “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.”

Bello’s counsel, J.B. Daudu (SAN), argued that the application presented sufficient grounds for granting bail. He urged the court to exercise its discretion judicially and judiciously.

However, EFCC’s counsel, Kemi Pinheiro (SAN), opposed the application, describing it as “grossly incompetent” since it was filed before Bello’s arraignment. Pinheiro argued that such an application could only be filed after arraignment.

Daudu countered, stating there was no law mandating that a bail application could only be filed when it was “ripe for hearing.”

Justice Anenih explained that Section 158 of the Administration of Criminal Justice Act (ACJA) allows a bail application to be made after a defendant has been arrested, detained, arraigned, or brought before the court.

“The instant application for bail showed that it was filed on 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody,” she said.

Bello was taken into custody on November 26 and arraigned on November 27, making the November 22 application premature.

Meanwhile, Bello’s co-defendant, Umar Oricha, was granted bail in the sum of N300 million with two sureties who must own property in Maitama, Abuja, within the court’s jurisdiction.

The court directed that Oricha remain in Kuje Correctional Centre until the bail conditions are met and barred him from traveling outside the Federal Capital Territory without the court’s permission.