Justice Maryann Anenih of the Federal Capital Territory High Court has refused to grant a bail application filed by the former governor of Kogi State, Yahaya Bello, saying it was filed prematurely.
Bello filed an application for his bail on 22nd November but was taken into custody on 26th November.
Delivering the ruling, Justice Anenih, said having been filed when he was neither in custody nor before the court, the instant application was incompetent.
The former governor is standing trial, along with two others, in an alleged N110bn money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
In 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.
In opposing, the prosecution counsel Kemi Pinheiro had 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.
While delivering her ruling, Justice Maryann Anenih said, “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 1st defendant was taken into custody.”
Reading from the ACJa section, the judge said the provision provided that a bail application could be made when a defendant had been arrested, detained, arraigned, or brought before the court.
Bello had filed an application for his bail on 22nd November but was taken into custody on 26th November and arraigned on 27th November.
The second defendant Umar Oricha was granted bail in the sum of N300m with two sureties.
The sureties must be a holder of a property in Maitama valued at not less than the bond sum, they must also deposit their original title document before the court.
The sureties must depose to an affidavit of means and copies of passport of sureties be deposited.
The court also ruled that Oricha shall deposit travel documents and be remanded in prison custody pending fulfillment of the bail conditions.
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