Justice Maryanne Anenih of the Federal Capital Territory High Court, Maitama, Tuesday, refused the bail application filed by the former governor of Kogi State, Yahaya Bello.
The Economic and Financial Crime Commission (EFCC) is prosecuting the former governor alongside two others, in an alleged N110billion money laundering charge.
Meanwhile, the court granted the second defendant, Umar Oricha bail to the tune of N300million.
Ruling on the bail application, the court held that the application was filed prematurely having been filed when Bello was neither in custody nor before the court.
“Before the court is a motion on notice, dated and filed on 22nd November. 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.
“This instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Arguing the bail application, Bello had through his counsel, Jacob Daudu SAN, 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.
In opposing, the Prosecution Counsel, Kemi Pinheiro, SAN, had 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.”
While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on 22nd of November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Reading from the ACJa section, 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 22nd November but was taken into custody on 26th November and arraigned on 27th November.
