The Federal Capital Territory High Court on Tuesday rejected a bail application filed by former Kogi State governor Yahaya Bello, ruling that the application was filed prematurely. Justice Maryann Anenih, delivering the judgment, stated that the application was filed before the defendant was in custody or arraigned, rendering it incompetent,Daily Trust reports.
“Consequently, the application, having been filed prematurely, is hereby refused,” the judge ruled.
Bello is facing trial alongside two others over alleged money laundering involving N110 billion, brought by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih recalled arguments presented during the bail hearing. The defense, led by Senior Advocate of Nigeria (SAN) JB Daudu, had filed the motion on November 22, requesting bail for Bello pending the determination of the charges. Daudu argued that as a two-term governor of Kogi State, Bello was unlikely to interfere with witnesses or abscond if granted bail.
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Daudu urged the court to exercise its discretion in Bello’s favor. However, EFCC counsel Kemi Pinheiro (SAN) opposed the motion, arguing that it was filed before Bello’s arraignment and was therefore grossly incompetent. He contended that bail applications should only be filed after arraignment, but Daudu countered that no legal authority explicitly required this sequence.
Justice Anenih, referencing the Administration of Criminal Justice Act (ACJA), explained that bail applications could only be made after a defendant had been arrested, detained, arraigned, or brought before the court. Bello’s application, filed on November 22, predated his detention on November 26 and arraignment on November 27, rendering it procedurally invalid.
In contrast, the court granted bail to the second defendant, Umar Oricha, on conditions including a bond of N300 million and two sureties with properties in Maitama, Abuja. Oricha was also ordered to remain in Kuje Correctional Centre until he meets the bail conditions and was restricted from traveling without court approval.
