The Federal Capital Territory High Court, on Tuesday, denied a bail application filed by former Kogi State Governor Yahaya Bello, stating that the application was submitted prematurely.
Justice Maryann Anenih, while delivering the ruling, explained that the application was filed when the first defendant was neither in custody nor before the court, rendering it incompetent. “Consequently, the instant application is hereby refused,” she stated.
During the court proceedings regarding the bail application, the judge noted, “Before the court is a motion on notice, dated and filed on November 22. The first defendant seeks an order from this honourable court to be admitted to bail pending the hearing and determination of the charge.”
Bello’s counsel, JB Daudu, SAN, argued that the former governor became aware of the charges through a public summons, emphasized his status as a two-term Kogi State governor, and assured the court that if released on bail, Bello would not interfere with witnesses or flee.
Daudu urged the court to exercise its discretion to grant the bail request, claiming he had presented sufficient facts in support of his application.
In opposition, Prosecution Counsel Kemi Pinheiro, SAN, contended that the application was grossly incompetent since it was filed before the arraignment. He maintained that such an application should be submitted after the arraignment, though Bello’s counsel disagreed, asserting that there was no rule prohibiting the filing of an application before it was considered ready for a hearing.
While delivering her ruling, Justice Maryann Anenih remarked, “The bail application was filed on November 22, indicating that it was submitted several days after the first defendant was taken into custody.”
Citing provisions from the Administration of Criminal Justice Act (ACJA), the judge clarified that a bail application could be made when a defendant had been arrested, detained, arraigned, or brought before the court.
Although Mr. Bello filed his bail application on November 22, he was taken into custody on November 26 and arraigned on November 27.
The second defendant, Umar Oricha, was granted bail set at N300 million, contingent on providing two sureties who must own property in the Maitama District of the FCT, within the court’s jurisdiction. Oricha was also prohibited from travelling outside the area without the court’s permission and must remain in Kuje Correctional Centre until he fulfilled the bail conditions.
Yahaya Bello is on trial, along with two others, facing an alleged N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Source: ThisDay Live
