Court Rejects Yahaya Bello’s Premature Bail Application
The Federal Capital Territory (FCT) High Court on Tuesday declined to grant bail to former Kogi State Governor Yahaya Bello, describing his application as premature and incompetent.
Justice Maryann Anenih ruled that the bail request was filed before the defendant had been arraigned or taken into custody, rendering it inadmissible. “The instant application, having been filed prematurely, is hereby refused,” she stated.
Bello is facing trial alongside two others in a case brought by the Economic and Financial Crimes Commission (EFCC) over alleged N110 billion money laundering charges.
The defense, led by JB Daudu, SAN, had argued that Bello’s bail request should be considered on merit, emphasizing that the former governor, a two-term leader of Kogi State, posed no flight risk and would not interfere with witnesses if released.
Daudu urged the court to exercise its discretion judiciously, asserting there was no legal stipulation that bail applications must only be filed after arraignment.
However, the prosecution, represented by Kemi Pinheiro, SAN, opposed the motion, labeling it grossly incompetent for being filed prematurely. Pinheiro argued that under the Administration of Criminal Justice Act (ACJA), bail applications can only be filed after a defendant is arraigned, detained, or brought before the court.
Justice Anenih noted that Bello’s bail application, dated November 22, predated his arrest on November 26 and subsequent arraignment on November 27. Citing provisions of the ACJA, she concluded that the application was filed out of sequence and could not be entertained.
Meanwhile, the court granted bail to the second defendant, Umar Oricha, setting stringent conditions, including a bond of N300 million and two sureties with property in Maitama District, FCT. Oricha is barred from traveling outside the jurisdiction without court approval and will remain in Kuje Correctional Centre until the bail terms are met.
The trial, which centers on allegations of financial impropriety during Bello’s tenure as governor, continues.
