FCT Court denies Yahaya Bello’s bail application

The Federal High Court sitting in Abuja on Tuesday, refused to grant a bail application filed by Yahaya Bello, the former Kogi State governor saying it was filed prematurely.

Justice Maryann Anenih ruled that the application, filed on November 22, was “premature” as it had been submitted when he was neither in custody nor before the court, making it incompetent.

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.

While delivering her ruling, Justice Maryann Anenih said, “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 ACJ a section, the judge said the provision provided that an application for bail could be made when a defendant had 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.

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

The former governor had sought bail pending the determination of the charges, stating that he had learned of the allegations through public summons.

But, Kemi Pinheiro, representing the prosecution, contended that the bail request was premature, as the defendant had not been arraigned at the time of filing.

Bello’s defense argued there was no legal requirement to delay the application until after arraignment.

In delivering her verdict, Justice Anenih clarified that bail applications must be made only after a defendant has been arrested, detained, or brought before the court.

Although Bello filed his application on November 22, he was not taken into custody until November 26 and was officially arraigned on November 27.

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

The court also addressed the case of the second defendant, Umar Oricha, granting him bail in the sum of ₦300 million with stringent conditions, including two sureties holding property in Maitama worth at least the bond sum.