The bail application filed by the former Kogi State Governor, Yahaya Bello Bello at a Federal Capital Territory High Court on Tuesday failed to sail through following lapses in Procedure
Bello, alongside two co-defendants, is facing charges from the Economic and Financial Crimes Commission (EFCC) over alleged involvement in a N110 billion money laundering case.
Delivering the ruling, Justice Maryanne Anenih declared the application incompetent, noting it was filed prematurely before Bello was in court or custody.
“Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent. Consequently, the application, having been filed prematurely, is hereby refused,” she said.
The court indicated that the bail application, dated November 22, was submitted days before Bello’s arraignment on November 27 and his detention on November 26.
Bello’s counsel, Jacob Daudu (SAN), argued for the court’s discretion, emphasizing his client’s past as a two-term governor and his willingness to adhere to bail conditions.
“The first defendant became aware of the instant charge through the public summons. He is a responsible individual and will abide by the conditions set by the court,” Daudu asserted.
In opposing, the prosecution counsel Kemi Pinheiro 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.
While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on the 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Reading from the ACJa section, the judge said the provision provided that a bail application could be made when a defendant had been arrested, detained, arraigned, or brought before the court.
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 second defendant Umar Oricha was granted bail in the sum of N300m with two sureties.
The sureties must be a holder of a property in Maitama valued at not less than the bond sum, they must also deposit their original title document before the court.
The sureties must depose to an affidavit of means and copies of passport of sureties be deposited.
The court also ruled that Oricha shall deposit travel documents and be remanded in prison custody pending fulfillment of the bail conditions.
