CITIZENS COMPASS – Justice Maryann of the High Court of the Federal Capital Territory (FCT) on Tuesday, declined the bail application of former Kogi State governor, Yahaya Bello.
The judge struck out the application on the ground that it was filed as of the time the former governor was yet to be taken into custody by the Economic and Financial Crimes Commission (EFCC).
The application was filed on November 22 while the former governor was taken into custody by the anti-graft agency on November 26 and arraigned on November 27, 2024.
“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.
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.
