Justice Maryann Anenih of the Federal Capital Territory High Court, Abuja, has ordered the remand of former Kogi State Governor Yahaya Bello in Kuje Correctional Centre pending the determination of his bail application.
The court also adjourned proceedings in the N110 billion money laundering case filed against Bello by the Economic and Financial Crimes Commission (EFCC) to January 29, 30, and February 25 and 27, 2025, for further hearing.
Justice Anenih had earlier denied Bello’s bail application, ruling that it was filed prematurely. The judge noted that the application, submitted when the defendant was neither in custody nor formally arraigned before the court, was procedurally defective and therefore invalid.
Bello, alongside two co-defendants, is facing trial for alleged involvement in laundering N110 billion as charged by the EFCC.
In the earlier 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. 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.”
The defendant’s counsel, Joseph Daudu (SAN), argued before the court that sufficient grounds had been presented to justify granting bail, urging the court to exercise its discretion both judicially and judiciously.
In opposition, the prosecution counsel, Kemi Pinheiro (SAN), contended that the bail application was procedurally flawed, as it was filed before the defendant’s arraignment, asserting that such applications should only be submitted post-arraignment. However, Daudu countered, claiming no legal authority barred pre-arraignment bail applications.
In her ruling, Justice Anenih noted that the bail application, dated November 22, was filed after the defendant was detained but before his arraignment. She clarified that under the Administration of Criminal Justice Act (ACJA), a bail application is valid once the defendant has been arrested, detained, arraigned, or brought before the court.
Bello’s application was filed on November 22, four days before he was taken into custody on November 26, and five days prior to his arraignment on November 27.
The second defendant, Umar Oricha, was granted bail of ₦300 million, with conditions requiring two sureties who must own properties within the Maitama District of the Federal Capital Territory and under the court’s jurisdiction.
“He shall not travel outside without the leave of the Court and shall remain in Kuje Correctional Centre, pending the fulfilment of the bail conditions.”
The third defendant, Abdulsalami Hudu, was granted bail in the sum of N300 million under the same conditions as the second defendant.
However, the judge stipulated that each surety could only stand as a guarantor for one defendant. Additionally, the defendants were ordered to submit their passports to the court registrar as part of the bail conditions.