Justice Maryanne Anenih of the Federal Capital Territory High Court in Abuja on Wednesday ordered the remand of a former Kogi State Governor, Yahaya Bello, in the custody of the Economic and Financial Crimes Commission.
The judge also adjourned till December 10, 2024 to rule on his bail application.
Bello and two others, Shuaibu Oricha and Abdulsalam Hudu, are facing 16 counts brought against them by the EFCC.
The defendants were accused of conspiracy, criminal breach of trust and possession of unlawfully obtained property.
Justice Anenih fixed the date to rule on the defendant’s bail application after taking arguments for and against the bail request by Bello’s lawyer, Joseph Daudu and the prosecution’s counsel, Kemi Pinheiro.
Meanwhile, Bello and his co-defendants had earlier pleaded not guilty to the charges when it was read to them.
Bello, who had been billed for arraignment since April, presented himself on Tuesday to the EFCC.
Before Bello was billed to answer to the N110.4bn charge preferred against him before Justice Anenih, he was previously billed to take his plea before Justice Emeka Nwite of the Federal High Court in Abuja, in another pending alleged N84bn charge brought against him by the commission.
Bello’s appearance in court on Wednesday made it the first time he will be present to take his plea.
On Wednesday, after the defendants took their plea, Bello’s counsel, Daudu, moved a bail application which the EFCC counsel, Kemi Pinheiro, opposed, saying it had expired in October.
The defence counsel, however, clarified saying, “The only relevant application before the court is the motion for bail in respect of the first defendant (Bello) which was filed on November 22.”
He added that the bail application was also supported by a written address.
“My Lord, the bail application is also supported with a written address.
“Exhibit A, which is the public summons is very vital and the appearance of the defendant in court today, shows he has respect for the law,” Bello’s counsel argued.
Speaking further, he noted that the law in the country states that a defendant is innocent until proven guilty.
Highlighting some paragraphs in the counter affidavit, Daudu argued that the prosecution raised issues that had to do with a matter at the Federal High Court.
He stated, “It is within his rights to enjoy his liberty while preparing for trial. The prosecution’s objection is based on the fact that he is facing charges at the Federal High Court and has refused to appear to take his plea.
“The court should not use issues from another court to determine issues before the FCT High Court.”
Daudu added, “When the jurisdiction of the court is challenged, the defendant needs not to appear until the issues arising from the jurisdiction are resolved.”
The EFCC counsel further objecting to the submissions of the defence, stated that the preliminary objection was anchored on three grounds — competence of the application, factual content of the application, and the application of judicial principles and guidance.
Justice Anenih, thereafter, rose for a short recess.
Upon her return, the prosecution counsel further opposed the bail application for the second defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House and there was a likelihood of him committing the same offence.
The defendant’s counsel, however, disagreed that the use of “may” in the prosecution’s counter affidavit did not show where the second defendant allegedly committed another offence after being granted bail.
He argued that EFCC’s counter-affidavit lacked merit as it did not show that the defendant was an habitual offender.
He urged the court to grant the application for bail.
Thereafter, Justice Anenih adjourned the ruling on the bail application till December 10 and directed that the three defendants should remain in EFCC custody.
Meanwhile, Bello’s co-defendants, Oricha and Hudu, had earlier been admitted to administrative bail by the anti-graft agency.
The charge states that Bello and his co-defendants misused state funds to acquire properties, including No. 35 Danube Street, Maitama District, Abuja (N950 million); No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million); and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million), among other properties.
They were also accused of transferring $570,330 and $556,265 to TD Bank in the United States and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
