Justice Maryanne Anenih of the Federal Capital Territory High Court in Abuja ruled that former Kogi State Governor Yahaya Bello be remanded in the Economic and Financial Crimes Commission’s custody.
The judge also deferred the hearing on his bail application until December 10, 2024.
Bello and two others, Shuaibu Oricha and Abdulsalam Hudu, are facing 16 charges brought by the EFCC.
The defendants were charged with conspiracy, criminal breach of trust, and possession of unlawfully obtained goods.
Justice Anenih set the date to rule on the defendant’s bail application after hearing arguments for and against it from Bello’s lawyer, Joseph Daudu, and the prosecution’s counsel, Kemi Pinheiro.
Meanwhile, Bello and his co-defendants had previously pleaded not guilty when the allegations were read to them.
Bello, who had been scheduled for arraignment since April, appeared before the EFCC on Tuesday.
Prior to answering the N110.4bn allegation preferred against him before Justice Anenih, Bello was scheduled to appear before Justice Emeka Nwite of the Federal High Court in Abuja on another ongoing alleged N84bn accusation brought against him by the commission.
Bello’s appearance in court on Wednesday marked the first time he would be present to take his plea.
On Wednesday, after the defendants entered their pleas, Bello’s counsel, Daudu, moved a bail application, which the EFCC counsel, Kemi Pinheiro, rejected, claiming that it had expired in October.
The defence lawyer, however, underlined that “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 noted that the bail application was accompanied with a written address.
He mentioned 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.
Furthermore, he noted that the law in the country states that a defendant is innocent until proven guilty.
Daudu highlighted various phrases in the counter-affidavit, claiming that the prosecution addressed points related to a Federal High Court case.
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 also objected to the defence’s submissions, stating that the preliminary objection was based on three grounds: competence of the application, factual content of the application, and application of judicial principles and guidance.
Justice Anenih then rose for a brief break. Upon her return, the prosecution counsel opposed the second defendant’s bail application, claiming that he was still a government official functioning as Director-General, Kogi State Government House, and that he was likely to perpetrate the same offence.
However, the defendant’s attorney argued that the usage of “may” in the prosecution’s counter-affidavit did not show where the second defendant allegedly committed another offence after being granted bail.
He contended that the EFCC’s counter-affidavit lacked validity because it did not demonstrate that the defendant was a frequent offender.
He urged the judge to grant his bail application. Justice Anenih then deferred the decision on the bail application to December 10 and ordered that the three defendants continue in EFCC custody.
Meanwhile, Bello’s co-defendants, Oricha and Hudu, had already been granted administrative bail by the anti-graft agency.
The charge alleges that Bello and his co-defendants used state funds to purchase properties such as 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 others.
They were also accused of transferring $570,330 and $556,265 to TD Bank in the United States, as well as having unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
