The Federal Capital Territory High Court has rejected the bail application of former Kogi State Governor, Yahaya Bello, in a ruling delivered on Tuesday, December 10, 2024.
Justice Maryann Anenih, in a brief but firm decision, ruled that the application was “premature” and could not be granted.
The judge explained that the application, which was filed on November 22, 2024, was not valid since Bello was not in court nor in custody at the time of filing.
Bello, along with two other individuals, is facing charges of money laundering totaling a staggering N110 billion, brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih noted that bail applications must be made after an individual is either arrested, detained, or formally arraigned before the court. In Bello’s case, the judge pointed out that the bail application was filed days before he was even in custody.
Bello was arrested on November 26, 2024, and formally arraigned the following day, November 27. The bail request was made before either of these steps had occurred, which the court ruled as “premature.”
“The instant application was filed several days after the 1st defendant was taken into custody,” Justice Anenih said. She added that the timing of the application made it incompetent, leading to her decision to refuse it.
Before the court, Bello’s legal team argued for his release on bail, citing his previous role as a two-term governor of Kogi State. His counsel, Senior Advocate of Nigeria (SAN), JB Daudu, told the court that Bello had no intention of interfering with witnesses or fleeing from the charges.
Daudu argued that the court should exercise its discretion and grant bail, as Bello had complied with all legal procedures and was aware of the charges against him.
However, the prosecution strongly opposed the bail request. Kemi Pinheiro, SAN, who represented the EFCC, argued that the application should not have been filed before Bello’s arraignment. Pinheiro stressed that the proper procedure was to file for bail after the formal charge was brought before the court.
Pinheiro’s argument was based on the provision of the Administration of Criminal Justice Act (ACJA), which states that a defendant must be in custody or formally arraigned before a bail application can be entertained.
Bello’s ongoing trial involves accusations of his role in a money laundering scheme that allegedly siphoned N110 billion. The EFCC has accused him and two co-defendants of misappropriating public funds during his time as governor.
The charges against him are part of the EFCC’s broader efforts to clamp down on corruption and financial crimes among Nigeria’s political elite.
Although the bail rejection is a setback for Bello, the legal proceedings are set to continue, with more hearings expected in the coming months.
Legal experts have said the court’s decision is significant in setting a clear precedent for bail applications, particularly in cases where the defendant has not yet been formally arraigned.
The ruling could also indicate the court’s stance on ensuring that legal processes are followed strictly, particularly in high-profile corruption cases involving politicians.
At the time of the ruling, Yahaya Bello had yet to publicly comment on the decision. His legal team is expected to review the court’s decision and may file a fresh application for bail after the formal arraignment process.
This case will continue to draw significant public attention, given the high-profile nature of the charges and the reputation of Bello as a former governor.
