Justice Maryanne Anenih of the Federal Capital Territory High Court in Abuja, on Wednesday, adjourned till December 10 to rule on the bail application of the immediate past governor of Kogi State, Yahaya Bello, and two others.
This was as she ordered that the former governor and his co-defendants, Shuaibu Oricha and Abdulsalam Hudu, remain in the custody of the Economic and Financial Crimes Commission.
Bello and the two others are facing 16 counts bordering on alleged N110.4bn fraud.
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 defendants’ bail application after taking arguments from the defence team, led by Joseph Daudu (SAN), and the prosecution team, led by Kemi Pinheiro, (SAN).
Meanwhile, Bello and his co-defendants had earlier pleaded not guilty to the charges when read to them.
Bello, who had been billed for arraignment since April 2024, finally presented himself on Tuesday to the EFCC.
The governor’s appearance in court on Wednesday made it the first time he would be present to take his plea.
After he and his co-defendants pleaded not guilty, the defence counsel, Daudu, moved a bail application, which the EFCC counsel, Pinheiro, opposed, saying it had expired since 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.”
Stating that he would be relying on all the paragraphs of the affidavit, Daudu added that the bail application was also supported by 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,” Daudu said.
Highlighting some paragraphs in the counter-affidavit, Daudu said, “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. 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 2nd defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House, there was the 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 2nd defendant allegedly committed another offence after being granted bail.
He argued that the EFCC’s counter-affidavit lacked merit as it did not show that the defendant was a 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 be remanded in the 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 (N950m); No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100m); and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920m), 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 N677.8m from Bespoque Business Solution Limited.
