Kogi State President Yahaya Bello will spend the Christmas holidays behind bars after the Federal Capital Territory High Court dismissed his application for bail. Justice Maryann Anenih ruled that the application, filed on November 22, was “premature” as it was filed while he was neither in custody nor before the court, rendering her incompetent.
Bello is facing trial alongside two co-defendants in an alleged ₦110 billion money laundering case brought against them by the Economic and Financial Crimes Commission (EFCC).
The former governor had applied for bail pending the resolution of the charges, arguing that he learned of the allegations through public summons. His lawyer, JB Daudu (SAN), argued that Bello would not disturb witnesses or flee if released.
However, Kemi Pinheiro, representing the prosecution, argued that the bail application was premature as the defendant had not yet been charged at the time of filing the application. Bello’s defence argued that there was no legal requirement to delay the application until after the charge sheet.
In her verdict, Justice Anenih clarified that bail applications should only be made after an accused has been arrested, detained or brought before the court. Although Bello filed his application on November 22, he was only remanded in custody on November 26 and was formally charged on November 27.
The Court also considered the case of the second respondent, Umar Oricha, granting him bail in the sum of ₦300 million with strict conditions, including two sureties having property in Maitama worth at least the bail amount.
This decision underscores the importance of following judicial procedures in filing bail applications. It also highlights the immense responsibility of the judicial authorities to ensure fair treatment for all accused persons, while ensuring that justice is delivered expeditiously and impartially.