A Federal High Court in Abuja, on Tuesday, has refused to grant a bail application filed by the former governor of Kogi State, Yahaya Bello, stating that it was filed inappropriately.
Justice Maryanne Anenih, while delivering the ruling, noted that the application was filed when the first defendant was neither in custody nor before the court, rendering it incompetent.
“Consequently, the instant application, having been filed prematurely, is hereby refused,” she said.
The former governor is standing trial, alongside two others, on an alleged N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Recalling the arguments presented before the court regarding the bail application, the judge stated: “Before the court is a motion on notice, dated and filed on the 22nd of November. The first 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 would not jump bail.”
The defendant’s counsel, J.B. Daudu, SAN, argued that sufficient facts had been submitted to justify granting the bail, urging the court to exercise its discretion judicially and judiciously.
However, prosecution counsel, Kemi Pinheiro, SAN, opposed the application, arguing that it was grossly incompetent, as it was filed before arraignment. He contended that such applications should only be filed after arraignment.
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In response, the defendant’s counsel disagreed, asserting that there was no authority stipulating that an application must only be filed when it is ripe for hearing.
Delivering her ruling, Justice Maryann Anenih stated, “The instant application for bail showed that it was filed on the 22nd of November. This shows that it was filed several days after the first defendant was taken into custody.”
Citing the Administration of the Criminal Justice Act (ACJA), the judge explained that its provisions allow for an application for bail to be made when a defendant has been arrested, detained, arraigned, or brought before the court.
Bello had filed the application for bail on the 22nd of November but was taken into custody on the 26th of November and arraigned on the 27th of November.
