A Federal Capital Territory High Court sitting in Abuja thrown out a bail application filed by the lawyers to former governor of Kogi State, Mr. Yahaya Bello.
Bello was remanded in the custody of the Economic and Financial Crimes Commission (EFCC) as he stands trial over criminal diversion of public funds amounting to over N100 billion while he served as the governor of the North Central state.
Ruling of the bail application, Justice Maryann Anenih, said that having been filed when the 1st defendant was neither in custody nor before the court, the application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” the judge ruled.
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 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.”
The judge said that 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 EFCC 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.”
The former Kogi governor will stay in EFCC custody till January 10, 2025 when the court will start the substantive trial of the matter.