The Federal Capital Territory High Court has rejected the bail request of the former Governor of Kogi State, Yahaya Bello, in the alleged N110.4 billion fraud case instituted by the Economic and Financial Crimes Commission (EFCC).
Bello’s co-defendant, Shuabu Oricha was also granted N300 million bail by the court as of the time of this report.
Bello and two co-defendants had earlier pleaded not guilty to an alleged fraud case involving N110.4 billion before Justice Maryann E. Anenih.
Nairametrics reports that on October 3, 2024, the court issued a public summons against Bello following his absence during a fresh arraignment on 16-count charges brought against him by the EFCC.
His co-defendants are Shuabu Oricha and Abdulsalami Hudu.
What transpired at previous Court proceedings
Bello, Shuabu Oricha, and Abdulsalami Hudu were accused of criminal breach of trust and conspiracy to commit an offense involving N110.4 billion.
J.B. Daudu, SAN, who represented the co-defendants, had earlier urged the court to proceed with the arraignment of their clients amid Bello’s absence.
The matter before the FCT High Court is separate from another EFCC case against the ex-governor at the Federal High Court in Abuja.
On Wednesday, the registrar read out the 16-count charges to the defendants, and they pleaded not guilty.
Counsel for Bello, J. Daudu SAN, applied for bail, stating that his client’s presence in court signaled his obedience to the summons issued to him.
“It is the stated law in the country that a defendant is innocent until proven guilty. It is within his rights to enjoy his liberty while preparing for trial,” Daudu said.
He added that the court should not consider issues from another court in determining matters before the FCT High Court.
In response, EFCC counsel Kemi Piniero SAN objected to the bail application.
He argued that Bello filed the application before his arraignment today, insisting that it contravened the rules of court.
“It is only after arraignment that the bail application can arise and be heard. The application is premature, hasty, and contradicts the meaning of bail,” he argued.
After hearing from both parties, the judge fixed December 10, 2024, for ruling.
However, she ordered that Bello and his co-defendants be remanded at the EFCC facility pending her ruling.
What the judge said
Ruling on the bail applications, the judge said granting of bail has to be decided judicially and judiciously in the interest of justice.
She said the issue is whether the court can exercise its discretion in granting Yahaya Bello bail.
She said the provisions of the Administration of Criminal Justice Act state that a suspect who is arrested and arraigned is entitled to bail.
She observed that as of November 22, 2024, when Bello filed the bail application, he had not yet been arraigned.
Citing a verdict of the Supreme Court, she said a legal action is said to be “premature” when it is filed prior to the institution of facts in court.
“This bail application brought by the first defendant(Yahaya Bello) is hereby struck out, ” the judge said, agreeing with EFCC’s line of submission.
On the bail request of Shuabu Oricha(second defendant), the judge noted that he has been granted administrative bail by the EFCC.
She subsequently granted him N300 million with two sureties in like sum who must own property at Maitama District, Abuja.
She ruled that the second defendant shall deposit all his travel documents with the court and shall not travel out of the country.
She ruled that the second defendant shall remain at the Kuje Correctional Centre pending perfection of the bail conditions
The court stood down for some minutes to rule on the bail request of the third defendant.
Backstory
Last week, Yahaya Bello was interrogated by operatives of the Economic and Financial Crimes Commission (EFCC) over an alleged fraud case against him during his tenure as governor of Kogi State.
- A source at the EFCC Headquarters disclosed this to Nairametrics, saying he was detained.
- Nairametrics reports that the EFCC had applied to the Federal High Court in Abuja to try Bello in absentia after over five proceedings in which the ex-governor was absent due to pending legal disputes raised by his legal team in higher courts.
- The EFCC later accused the Kogi State government of using its “immunity” to shield Bello.
- Meanwhile, the parties approached higher courts for redress regarding Bello’s arraignment.
- A Court of Appeal eventually ordered the ex-Kogi governor to appear at the trial court for arraignment.