Key Points
- The court ruled Bello’s bail request was premature.
- EFCC argued the bail application was legally invalid.
- Bail was granted to a co-defendant under strict terms
A Federal Capital Territory High Court denied former Kogi State Governor Yahaya Bello’s bail plea on Tuesday, citing procedural errors in the request’s submission.
Bail application rejected as court finds procedural errors
In her decision, Justice Maryanne Anenih stated that the application was premature since it was submitted before Bello was in detention or in court.
“This instant application is incompetent because it was not filed when the first defendant was in custody or before the court,” Anenih stated.
“Therefore, the application is hereby denied due to its premature filing.”
The Economic and Financial Crimes Commission has charged Bello and two other people in connection with a purported N110 billion money laundering case.
The court observed that the Nov. 22 bail application was submitted prior to Bello’s Nov. 27 arraignment, which took place one day after his arrest on Nov. 26.
Jacob Daudu, a senior advocate of Nigeria (SAN) and Bello’s lawyer, pleaded with the court to take the application into consideration, claiming that his client, a two-term governor of Kogi state, would not obstruct witnesses or violate bail.
The public summons informed the first defendant of the current complaint. He is a responsible person who will follow the guidelines established by the court, Daudu stated.
EFCC argues bail request was invalid under criminal law
Kemi Pinheiro (SAN), an attorney for the EFCC, retorted that the application was deemed illegal due to its filing prior to the arraignment, which violates the Administration of Criminal Justice Act.
Pinheiro urged the court to reject the application, claiming that the timing made it incompetent.
According to Punch, Umar Oricha, the second defendant, was given N300 million in bail with two sureties in the meantime.
The court decided that the sureties had to provide the court with the authentic title documents and own properties in the Maitama sector of Abuja that were worth at least the bail sum.
In addition, Justice Anenih ordered the sureties to provide copies of their international passports and affidavits of means to the court.
Oricha will stay in detention until all bail requirements are fulfilled and must deposit his travel documents with the court.
