The Federal Capital Territory High Court on Tuesday ordered the remand of Yahaya Bello, the ex-governor of Kogi State, in Kuje Correctional Facility, pending the determination of his bail application.
Justice Maryann Anenih also adjourned the hearing of the N110 billion money laundering case against Bello, brought by the Economic and Financial Crimes Commission (EFCC), to January 29, 30, and February 25, 27, 2024.
The decision follows the judge’s earlier refusal to grant Bello’s bail application, which she ruled was filed prematurely.
“Having been filed when the 1st Defendant was neither in custody nor before the court, this instant application is incompetent. Consequently, the instant application having been filed prematurely is hereby refused,” Justice Anenih stated.
During the proceedings, Justice Anenih recalled the arguments presented regarding the application, filed on November 22.
“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,” the judge cited.
Daudu urged the court to exercise its discretion judicially and judiciously. However, EFCC’s counsel, Kemi Pinheiro (SAN), opposed the motion, describing it as “grossly incompetent” because it was filed before Bello’s arraignment.
Pinheiro argued that a bail application must only be filed after arraignment, but Daudu countered that there was no legal authority mandating such a sequence.
Justice Anenih clarified that Section 158 of the Administration of Criminal Justice Act (ACJA) allows bail applications after a defendant is arrested, detained, arraigned, or brought before the court.
She noted that Bello filed his application on November 22, before he was taken into custody on November 26 and arraigned on November 27, rendering the application premature.
Meanwhile, Bello’s co-defendants, Umar Oricha and Abdulsalami Hudu, were granted bail under stringent conditions.
Both were required to post N300 million each and provide two sureties with properties in the Maitama District of Abuja.
The court further ordered that the defendants deposit their international passports with the court registrar, each surety must only post bond for one defendant, and both Oricha and Hudu remain in Kuje Correctional Centre until they fulfill their bail conditions.