Former Kogi Governor Yahaya Bello Denied Bail by FCT High Court Over Premature Filing

The Federal Capital Territory (FCT) High Court has refused to grant bail to former Kogi State Governor Yahaya Bello, citing that the application was filed prematurely.

The ruling, delivered by Justice Maryann Anenih on Tuesday, deemed the bail application incompetent as it was submitted before the defendant was in custody or formally brought before the court.

In her ruling, Justice Anenih stated:

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

Bello is facing trial alongside two other defendants in connection with an alleged ₦110 billion money laundering case brought against them by the Economic and Financial Crimes Commission (EFCC).

Arguments Presented in Court

Recalling the arguments on the bail application, Justice Anenih noted that the defence had submitted the motion on November 22, seeking bail for the first defendant pending the hearing and determination of the charge.

The defence counsel, JB Daudu, SAN, argued that the former governor had only become aware of the charges through a public summons. Daudu highlighted Bello’s status as a two-term governor and assured the court that his client would not interfere with witnesses or jump bail if released.

He urged the court to exercise its discretion judiciously in granting the bail, emphasizing that sufficient grounds had been presented to justify the request.

The EFCC’s Objection

However, the EFCC’s counsel, Kemi Pinheiro, SAN, opposed the application, arguing that it was filed before the arraignment, rendering it procedurally flawed. Pinheiro pointed out that under the Administration of Criminal Justice Act (ACJA), a bail application should be submitted after arraignment or when a defendant is already in custody.

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Pinheiro contended that the defense had acted prematurely and urged the court to dismiss the application on these grounds.

Justice Anenih’s Verdict

In her analysis, Justice Anenih emphasized the procedural requirements under the ACJA. She noted that Section 158 of the Act allows for a bail application only after a defendant has been arrested, detained, arraigned, or brought before the court.

The timeline presented in court showed that Bello filed the application on November 22, several days before he was taken into custody on November 26 and arraigned on November 27. Justice Anenih highlighted that this discrepancy made the bail application incompetent:

“The instant application for bail showed that it was filed on November 22. This shows that it was filed several days after the 1st defendant was taken into custody.”

The Case Against Bello

The former governor is facing multiple charges of money laundering alongside two other defendants. The EFCC alleges that Bello was involved in the misappropriation of ₦110 billion, a case that has drawn significant public and legal attention.

The trial is ongoing, with the court set to hear further arguments in subsequent sessions.

Implications

The ruling underscores the importance of adhering to procedural guidelines in legal processes, especially in high-profile cases. It also signals the judiciary’s commitment to ensuring that due process is followed in criminal trials, irrespective of the defendant’s status.

As the trial progresses, all eyes remain on the FCT High Court to see how the case unfolds. Stay tuned for updates on this developing story.