An Abuja High Court on Tuesday declined the bail application of former Kogi State Governor, Yahaya Bello, citing procedural irregularities in the timing of the filing.
Justice Maryanne Anenih, presiding over the Federal Capital Territory High Court, ruled that the application was filed prematurely, as it predated Bello’s appearance in court and custody.
“Having not been filed when the first defendant was either in custody or before the court, this instant application is incompetent,” Justice Anenih declared. “Consequently, the application, having been filed prematurely, is hereby refused.”
The former governor, alongside two others, is facing charges from the Economic and Financial Crimes Commission (EFCC) over an alleged N110 billion money laundering scheme.
Timeline of Procedural Irregularity
According to court records, Bello’s counsel filed the bail application on November 22, five days before the defendant’s arraignment on November 27 and a day after he was taken into custody on November 26.
Jacob Daudu (SAN), representing Bello, pleaded with the court to consider the application, assuring that his client, a former two-term governor, would not interfere with witnesses or abscond.
“The first defendant became aware of the instant charge through the public summons. He is a responsible individual and will abide by the conditions set by the court,” Daudu argued.
However, EFCC counsel, Kemi Pinheiro (SAN), strongly opposed the request, describing the application as “grossly incompetent” under the Administration of Criminal Justice Act.
“The application was filed before the arraignment, contrary to the provisions of the Act, which makes the timing invalid. I urge the court to dismiss it,” Pinheiro stated.
Justice Anenih upheld Pinheiro’s argument, stressing that procedural compliance is critical in legal proceedings. The court did not indicate when a subsequent bail application could be filed.
The case has since been adjourned for further hearing.
