The Immediate-past governor of Kogi State, Alhaji Yahaya Bello, will spend the 2024 Christmas and 2025 New Year festivities in the Kuje Maximum Correctional Facility, Abuja, following the striking out of his bail application by the Federal Capital Territory High Court, for being too premature.
Justice Maryann Anenih yesterday adjourned the case until January, next year, 26th February, 27th and February, 2025 for continuation of the hearing.
The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih had refused to grant the bail application by Bello, saying it was filed prematurely, that is, before the trial commenced.
The judge, however, admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N300 million each with two sureties in like sum.
Justice Anenih, while delivering the ruling said, having been filed when Bello was neither in custody, nor before the court, the instant application was therefore incompetent.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
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.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“That says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA, 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.
Bello had filed the application for his bail on 22nd November, but was taken into custody on 26th November and arraigned on 27th November.