UPDATE: COURT DENIES YAHAYA BELLO BAIL, GRANTS CO-DEFENDANT N300M BAIL IN 'N110.4B FRAUD CASE'

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Yahaya Bello, the former governor of Kogi State, requested bail in the alleged N110.4 billion fraud case brought by the Economic and Financial Crimes Commission (EFCC), but the Federal Capital Territory High Court denied his motion.

As of the time of this publication, the court had also granted N300 million bail to Bello’s co-defendant, Shuabu Oricha.

Before Justice Maryann E. Anenih, Bello and two co-defendants had entered a not guilty plea to a fraud case involving N110.4 billion.

After Bello failed to appear for a new arraignment on 16 counts of accusations against him by the EFCC, the court issued a public summons against him on October 3, 2024.

Abdulsalami Hudu and Shuabu Oricha are his co-defendants.

What transpired at previous Court proceedings

Bello, Shuabu Oricha, and Abdulsalami Hudu were charged with conspiracy to commit an act totaling N110.4 billion and criminal breach of trust.

The co-defendants’ attorney, J.B. Daudu, SAN, had previously requested the court to arraign his clients in Bello’s absence.

An additional EFCC action against the former governor in the Federal High Court in Abuja is unrelated to the issue before the FCT High Court.

The defendants entered a not guilty plea when the registrar read the 16-count accusations to them on Wednesday.

J. Daudu SAN, Bello’s attorney, requested bail, arguing that his client’s appearance in court demonstrated his compliance with the summons.

“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.

He went on to say that while deciding cases before the FCT High Court, the court shouldn’t take into account concerns from another court.

Kemi Piniero SAN, an attorney for the EFCC, responded by objecting to the bail request.

He said that Bello violated the court’s regulations by filing the application prior to his arraignment today.

“It is only after arraignment that the bail application can arise and be heard. The application is premature, hasty, and contradicts the meaning of bail,” he argued.

After hearing from both parties, the judge fixed December 10, 2024, for ruling.

However, she ordered that Bello and his co-defendants be remanded at the EFCC facility pending her ruling.

What the judge said

The judge’s decision regarding the bail applications stated that the granting of bail must be made in the interest of justice and with judicial and judicious judgment.

The question, according to her, is whether the court has the authority to grant Yahaya Bello bail.

A suspect who is apprehended and arraigned is entitled to bond, according to the Administration of Criminal Justice Act’s requirements, she stated.

When Bello submitted the bail application on November 22, 2024, she noted that he had not yet been arraigned.

A legal action is considered “premature” if it is brought before the facts are established in court, she said, citing a Supreme Court decision.

“This bail application brought by the first defendant(Yahaya Bello) is hereby struck out, ” the judge said, agreeing with EFCC’s line of submission.

The judge noted that the EFCC had granted administrative bail to Shuabu Oricha, the second defendant, in response to his bail request.

She then gave him N300 million with two sureties who had to possess property in Abuja’s Maitama District.

She decided that the second defendant should not leave the country and should deposit all of his travel documentation with the court.

She decided that until the bail requirements were completed, the second defendant will stay at the Kuje Correctional Center.

To make a decision regarding the third defendant’s bail request, the court paused for a few minutes.

History

Agents from the Economic and Financial Crimes Commission (EFCC) questioned Yahaya Bello last week on a fraud case that was allegedly brought against him while he was Kogi State’s governor.

Nairametrics was informed by a source at the EFCC Headquarters that he was being held.
According to Nairametrics, following more than five procedures in which the former governor was not present because of ongoing legal issues brought up by his legal team in higher courts, the EFCC requested that Bello be tried in absentia before the Federal High Court in Abuja.

Later, the Kogi State administration was charged by the EFCC of exploiting its “immunity” to protect Bello.In the meantime, the parties sought remedy from higher courts over Bello’s arraignment.

The former Kogi governor was eventually ordered by a Court of Appeal to appear before the trial court for arraignment.