The Federal Capital Territory High Court in Abuja on Thursday granted the immediate past Kogi State Governor, Yahaya Bello, bail in the sum of N500 million and three sureties.
The trial judge, Justice MaryAnne Anenih, made the pronouncement after listening to the fresh bail application brought before the court following the court’s refusal to grant Bello bail at the last sitting.
Bello, alongside two others, Umar Oricha and Abdulsalami Hudu, are facing trial on 16 counts preferred against them by the Economic and Financial Crimes Commission bordering on criminal breach of trust and money laundering to the tune of N110.4 billion.
The court, however, granted the second and third defendants, bail in the sum of N300m with two sureties alongside other conditions.
Further reading out the conditions for Bello’s bail, the judge held that the sureties must be responsible citizens who are landowners in any of the listed areas in Abuja – Maitama, Guzape, Apo, Wuse 2 or Asokoro.
She ordered that the sureties must deposit the documents of the property with the court’s registrar alongside two recent passport photographs.
Justice Anenih also ordered that Bello must deposit two copies of his recent passport photograph alongside a photocopy of a means of identification which could be either an International Passport or National Identity card after showing the original to the court’s registrar.
She held, “The first defendant must not travel without the permission of this court and he shall remain in the Kuje Correctional Facility until the bail conditions are met.”
Recall that on December 10, the court had rejected Bello’s bail request citing procedural irregularities in the filing of the application.
Justice Anenih, while delivering the ruling, stated that the application was premature and filed before Bello was present in court or custody.
The court noted that the bail application, dated November 22, 2024, was filed before Bello’s arraignment, which took place on November 27, 2024; days after he was taken into custody on November 26, 2024.
She said, “Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent.
“Consequently, the application, having been filed prematurely, is hereby refused.”
At the resumed sitting on Thursday, the defendant’s counsel, J.B Daudu, said, “My Lord, the matter is for hearing of bail application for the first defendant.”
Daudu, further told the court that he had been in discussions with the lead prosecution counsel and they had agreed to ensure a speedy trial.
While he urged the court to grant the first defendant’s bail application, he requested that the court graciously review the bail conditions for the 1st to 3rd defendants.
He urged the court to spread out the conditions for the sureties and not limit the property to only the Maitama area of the FCT. He said it is difficult for property owners in Maitama to volunteer their C of O’s being that the properties are mostly commercial for businesses.
He said, “We urge your lordship to grant the application. Now if my lordship is minded to grant bail we ask for the terms granted to be what the defendant can meet.
“I’m asking if the net can be spread out to other high-brow areas like Apo, Wuse 2, Asokoro, Garki and other areas within the FCT area.”
The prosecution counsel, Olukayode Enitan, confirmed that the defendant’s counsel had been in talks with the prosecution team, saying, “I confirm the evidence given by the distinguished member of the bar that is leading the defence, J.B. Daudu (SAN), that he has been in conversation with the leader of the prosecuting team.
“As with the legal tradition that we should cooperate with members of the bar when it does not affect the course of justice, we have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application. We are, therefore, leaving this to your lordship’s discretion.”
After listening to both counsel, Justice Anenih stated that the offence brought against the former governor is a bailable one, saying, “The offence on which the first defendant is charged are ordinarily bailable. After due consideration, the bail application for the first defendant succeeds and the bail application is hereby granted in the sum of N500 million.”
She also proceeded to spread out the bail conditions for the second and third defendants, stating that the two sureties should be landowners in like sum in any of the following areas in Abuja: Wuse 2, Garki, Maitama, Asokoro, Gwarimpa or Guzape.
As fixed in the last proceeding, The adjourned date remains January 29 and 30, 2025, for hearing.
