Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on November 27.
By Ife Osemedua
365Daily – A Federal Capital Territory High Court has denied a bail application filed by the former governor of Kogi State, Yahaya Bello.
The former governor and two others are standing trial over an alleged N110bn money laundering charge brought against them by the Economic and Financial Crimes Commission (EFCC).
The presiding judge, Justice Maryann Anenih, said the request for bail was refused because it was filed prematurely.
Justice Anenih noted that the bail application was filed when Bello was neither in custody nor before the court, thereby making the instant application incompetent.
She said, “Before the court is a motion on notice, dated and filed on 22nd November. 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.”
She said the defendant’s counsel, JB Daudu (SAN), had told the court that sufficient facts had been provided to grant the accused the bail request and urged the court to exercise its discretion judicially and judiciously to grant it.
However, the prosecution counsel, Kemi Pinheiro, had argued that the instant application was grossly incompetent, having been filed before arraignment.
In his argument, he said the application 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.”
Citing relevant sections of the ACJA, the judge highlighted 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 November 22, but was taken into custody on November 26 and arraigned on November 27.
On the second defendant, Umar Oricha, the judge granted bail in the sum of N300m with two sureties.
She added that the sureties must be a holder of a property in Maitama valued at not less than the bond sum, and must also deposit their original title document before the court.
In addition, the sureties must depose to an affidavit of means and copies of passport of sureties be deposited.
Oricha wad also ordered to deposit his travel documents and be remanded in prison custody pending fulfillment of the bail conditions.