***Hearing adjourned till Jan. 29
Former governor of Kogi, Yahaya Bello will spend the 2024 Christmas in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.
Justice Maryann Anenihon Tuesday, also adjourned the case until Jan. 29, Feb. 25, and Feb. 27, 202,5 for the continuation of the hearing.
Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.
The former governor is standing trial, along with two others, in an alleged N110bn money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
The judge also admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N300million each with two sureties.
Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.
“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“that says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA , the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on Nov. 22 but was taken into custody on Nov. 26 and arraigned on Nov. 27. (NAN)
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