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Adjourns trial to Jan 29
A High Court of the Federal Capital Territory (FCT), Abuja, has remanded the immediate past Governor of Kogi State, Yahaya Bello in Kuje Correctional Centre pending her decision on his “more properly filed” bail application.
Justice Maryann Anenih also adjourned hearing in the N110bn money laundering case brought against him by the Economic and Financial Crimes Commission to January 29 and 30 and February 25 and 27 for hearing.
The judge had earlier refused to grant a bail application filed by the former Governor, saying it was filed prematurely.
Justice Anenih, while delivering the ruling said, having been filed when the 1st defendant was neither in custody nor before the court, this instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
The former Governor is standing trial, along with two others, in an alleged N110bn money laundering charge brought against him by the Economic and Financial Crimes Commission.
Explaining the court’s reason for turning down Bello’s bail application, Justice Anenih had recalled the arguments before the court on the bail application, stating: “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 recalled that the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to enable his client to be granted bail, urging the court to exercise its discretion judicially and judiciously to grant the bail.
But, “in opposing the application, the prosecution counsel, Kemi Pinheiro, SAN, had argued that the instant application was grossly incompetent, having been filed before arraignment,” Justice Anenih recalled.
“He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority “that says that an application can only be filed when it is ripe for hearing.”
While delivering her ruling, Justice Anenih declared: “The instant application for bail showed that it was filed on 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Reading from the ACJa section, the judge said the provision provided that an application for bail could be made when a defendant has been arrested, detained, arraigned or brought before the court.
Mr. Bello had filed an application for his bail on 22nd November but was taken into custody on 26th November and arraigned on 27th November.
The 2nd Defendant, Umar Oricha, was, however, granted N300 million bail, with two sureties, “who shall have property in the Maitama District of the FCT, within the jurisdiction of the court.
He shall not travel outside without the leave of the Court and shall remain in Kuje Correctional Centre, pending the fulfilment of the bail conditions.
The 3rd Defendant, Abdulsalami Hudu, was also granted N300 million bail with the same conditions as the 2nd Defendant.
The judge, however, said that each surety must enter into a bond for not more than one defendant, while the defendants were directed to deposit their international passports with the Court Registrar.
