The Federal Capital Territory High Court has granted N500 million bail to the refiled bail request of the former governor of Kogi State, Yahaya Bello, in the alleged N110.4 billion fraud case instituted by the Economic and Financial Crimes Commission (EFCC).
Justice Maryann E. Anenih granted him bail on Thursday.
The court had on December 10, 2024, rejected the bail request of the former governor on the grounds that it was “premature” and was filed prior to his arraignment.
Bello’s co-defendant, Shuabu Oricha, was also granted N300 million bail by the court as of the time of this report.
Bello and two co-defendants had earlier pleaded not guilty to an alleged fraud case involving N110.4 billion before Justice Maryann E. Anenih.
Nairametrics reports that on October 3, 2024, the court issued a public summons against Bello following his absence during a fresh arraignment on 16-count charges brought against him by the EFCC.
His co-defendants are Shuabu Oricha and Abdulsalami Hudu.
What transpired at previous court proceedings
Bello, Shuabu Oricha, and Abdulsalami Hudu were accused of criminal breach of trust and conspiracy to commit an offense involving N110.4 billion.
- Last Wednesday, the registrar read out the 16-count charges to the defendants, and they pleaded not guilty.
- Counsel for Bello, J. Daudu SAN, applied for bail, stating that his client’s presence in court signaled his obedience to the summons issued to him.
“It is the stated law in the country that a defendant is innocent until proven guilty. It is within his rights to enjoy his liberty while preparing for trial,” Daudu said.
- In response, EFCC counsel Kemi Piniero SAN objected to the bail application.
- He argued that Bello filed the application before his arraignment today, insisting that it contravened the rules of court.
- Ruling on the bail applications on December 10, 2024, the judge observed that as of November 22, 2024, when Bello filed the bail application, he had not yet been arraigned.
- Citing a verdict of the Supreme Court, she said a legal action is said to be “premature” when it is filed prior to the institution of facts in court.
“This bail application brought by the first defendant(Yahaya Bello) is hereby struck out, ” the judge said, agreeing with EFCC’s line of submission.
On the bail request of co-defendants, the judge noted that they have been granted administrative bail by the EFCC.
She subsequently granted them N300 million with two sureties in like sum who must own property at Maitama District, Abuja.
What transpired in court
At the resumed proceedings, Joseph Daudu SAN, counsel for the first defendant, said today is for the hearing of the ex-governor’s refiled application for bail and an application to vary the bail conditions of the second and third defendants, dated December 12, 2024.
- He said the EFCC served him with their counter affidavit on December 18, 2024.
- He added that EFCC’s counter affidavit deals with matters that happened at the Federal High Court, but in the spirit of discussion with EFCC lead counsel, Kemi Piniero SAN, “we agreed that we should avoid lengthy argument” on the matter.
- He said only Bello knows the whereabouts of the documentary evidence he needs to prove his case, and being admitted to bail will enhance his ability to defend himself.
“The offenses are bailable, having regard to the Administration of Criminal Justice Act,” Daudu said, drawing the court’s attention to bail earlier granted to co-defendants in the matter.
- He suggested that if the court was minded to grant him bail, it should not limit the properties of sureties to Maitama, as accessing C of O’s in the area is stressful because it is largely a business hub.
- Responding, Olukayode Enitan SAN, counsel for EFCC, confirmed there was conversation between the defense and the prosecution in respect of Bello.
- He said based on the defense’ assurance that Bello shall stand his trial, the prosecution was of the view that the court has the discretion on the development and on what conditions the bail will be granted.
“We are thereby leaving the terms of bail to your lordship’s discretion,” he said.
Ruling on Bello’s fresh bail, the judge said it appears the EFCC has conceded to the bail request of Bello.
She said bail is hereby granted to Yahaya Bello in the sum of N500 million with three sureties in like sum who must own properties in the court’s jurisdiction ( including Maitama, Apo, Asokoro).
She said Bello shall not travel outside Nigeria without permission of the court (and the permission shall be sought by a motion).
Backstory
Last week, Yahaya Bello was interrogated by operatives of the Economic and Financial Crimes Commission (EFCC) over an alleged fraud case against him during his tenure as governor of Kogi State.
Before he was arrested, the EFCC had accused the Kogi State government of using its “immunity” to shield Bello.
After his arraignment before the Federal High Court, Justice Emeka Nwite eventually granted Bello N500 million bail.