Justice Maryann Anenih of the Federal Capital Territory High Court has rejected the bail application filed by Yahaya Bello, the former governor of Kogi State, in connection with a money laundering charge of N110 billion.
The judge ruled that the application was prematurely filed, as it was submitted before Bello had been formally arraigned in court.
Delivering the ruling, Justice Anenih stated that the application was filed when the former governor was neither in custody nor before the court, making it incompetent.
The Economic and Financial Crimes Commission (EFCC) has brought the charges against Bello, who is being tried alongside two other individuals for alleged involvement in the fraud.
In the application, Bello’s counsel, JB Daudu (SAN), argued that his client was entitled to bail, citing that he had been informed of the charges through a public summons.
Daudu also assured the court that Bello would not interfere with witnesses or attempt to flee if granted bail, given his status as a two-term governor of Kogi State.
However, the prosecution, led by Kemi Pinheiro, opposed the application, arguing that it was filed prematurely.
According to the prosecution, bail applications should be submitted after a defendant’s arraignment, not before.
The defense disagreed, asserting that no legal precedent prevented the filing of the bail request prior to the arraignment.
In her ruling, Justice Anenih noted that the bail application was filed on November 22, before Bello was taken into custody on November 26 and arraigned on November 27.
Referring to the Administration of Criminal Justice Act (ACJA), she explained that bail applications are to be made once a defendant has been arrested, detained, or brought before the court.
While the court denied Bello’s bail application, the second defendant, Umar Oricha, was granted bail in the sum of N300 million, with two sureties required.
The sureties must own property in Maitama worth at least the bond amount and must submit original title documents and affidavits of means, along with copies of their passports.
Additionally, Oricha is required to deposit his travel documents and will remain in prison custody until the bail conditions are met.
