Yahaya Bello Loses as Court Rejects Bail Application

The Federal Capital Territory High Court, on Tuesday, rejected a bail application filed by the former governor of Kogi State, Yahaya Bello, stating that the application was filed prematurely.

Justice Maryann Anenih, in her ruling, explained that the application was incompetent because it was submitted when the first defendant was neither in custody nor before the court. Therefore, the court found that the bail application could not be considered at that time.

“Consequently, the instant application having been filed prematurely is hereby refused,” she said.

The former governor of Kogi State, Yahaya Bello, is standing trial alongside two others in an alleged N110 billion money laundering case brought against them by the Economic and Financial Crimes Commission (EFCC). The trial involves accusations of financial misconduct, and the court proceedings are ongoing.

Recalling the arguments before the court on the bail application, the judge had 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.”

In response to the bail application, the Defendant’s Counsel, JB Daudu, SAN, argued that sufficient facts had been provided to warrant granting the bail. He requested that the court exercise its discretion judiciously and grant the bail.

However, the Prosecution Counsel, Kemi Pinheiro, SAN, opposed the application, arguing that it was premature, as it was filed before the arraignment. According to the prosecution, such an application should be filed after the arraignment.

The 1st Defendant’s Counsel countered this argument, stating that there was no legal authority requiring the application to be filed only when it was “ripe for hearing.”

While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on November November. This shows that it was filed several days after the 1st defendant was taken into custody.”

Justice Maryann Anenih, referencing the provision of the Administration of Criminal Justice Act (ACJA), clarified that an application for bail can only be made when a defendant has been arrested, detained, arraigned, or brought before the court.

In this case, Yahaya Bello had filed his bail application on November 22, but he was not taken into custody until November 26, and was subsequently arraigned on November 27.