Immediate past governor of Kogi State, Mr. Yahaya Bello, may yet spend more days in custody as a Federal Capital Territory High Court, on Tuesday, rejected his application for bail, citing procedural irregularities in the filing of the application.
Delivering ruling on the application, Justice Maryanne Anenih held that the application was premature as it was filed before Bello was present in court or in custody.
“Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent,” Justice Anenih ruled.
Bello, alongside two others, is facing charges brought by the Economic and Financial Crimes Commission over an alleged N110 billion money laundering case.
The court noted that the bail application, dated November 22, 2024, was filed before Bello’s arraignment, which took place on November 27, days after he was taken into custody on November 26.
Bello’s counsel, Jacob Daudu, a Senior Advocate of Nigeria, SAN, urged the court to consider the application, arguing that his client, a two-term governor of Kogi State, would not interfere with witnesses or jump bail.
“The first defendant became aware of the instant charge through the public summons,” Daudu argued. “He is a responsible individual and will abide by the conditions set by the court.”
However, EFCC counsel, Kemi Pinheiro (SAN), countered that the application was grossly incompetent, as it was filed before the arraignment, contrary to the provisions of the Administration of Criminal Justice Act.
Pinheiro emphasised that the timing rendered the application invalid, urging the court to dismiss it.
However, unlike Yahaya Bello, Umar Oricha, the second defendant in the case, was granted bail in the sum of N300 million with two sureties.
The sureties, the court ordered, must own properties in Abuja’s Maitama district valued at no less than the bail bond and must submit the original title documents to the court.
Justice Anenih further directed that the sureties must depose to affidavits of means and submit copies of their international passports to the court.