- Justice Anenih To Rule On Bail Application Dec 10
- Records Before Court Demonstrate Bad Conduct, Not Deserving Of Bail-Prosecution
- Mild Drama As Judge Angrily Leaves Courtroom Over Rowdiness
Justice Maryanne Anenih of the Federal Capital Territory (FCT) High Court in Abuja has ordered that former Kogi State’s Governor Yahaya Bello should remain in the custody of the Economic and Financial Crimes Commission (EFCC) till 10th of December 2024 for ruling on his bail application.
This comes after a legal tussle between the prosecuting lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), and lawyer to Bello and his co-defendants, Joseph Daudu, also a SAN.
Earlier on Wednesday, the anti-graft agency had arraigned Bello and two co-defendants on 16 counts of N110 billion corruption charges, before hearing the defendants’ bail applications.
Bello was driven into the premises of the FCT High Court in Abuja in the anti-corruption agency’s vehicle at about 8:50 a.m. on Wednesday after several months of refusing to appear in court and failed arrest attempts by the anti-graft agency,
Upon their arraignment, the former governor and his two co-defendants pleaded not guilty to all the counts of diverting the funds belonging to Kogi State Government during his eight years. The two co-defendants Umar Oricha and Abdulsalami Hudu were accused of conspiring with Bello to perpetrate the alleged fraud.
After the defendants pleaded not guilty to the charges, the prosecuting lawyer, Pinheiro expressed readiness to open the trial with his first set of witnesses present in court.
However, Bello’s lawyer moved an application for bail for his clients.
Pinheiro opposed the application arguing that it predated the arraignment of the defendants and was therefore premature, hasty and procedurally flawed.
Daudu said the bail application before the court was dated 22 November and urged the court to grant bail to his clients.
He posited that Bello’s appearance in court on Wednesday “signifies his commitment to stand trial.”
He cited Sections 378(2) and 371 of the Administration of Criminal Justice Act (ACJA) in support of the bail application.
READ ALSO: EFCC 16-Count Charges: Yahaya Bello, Two Others Plead Not Guilty
Responding, Pinheiro said Bello’s alleged history of disregarding court summonses and judicial processes shows he is not a person of good behavior deserving of bail.
“The records before this court demonstrate bad conduct. The first defendant has treated previous court orders with disdain, including failing to appear before the Federal High Court and the Court of Appeal. This conduct punctures his claim of good behavior and commitment to justice,” the prosecutor said.
Pinheiro also commented on the gravity of the allegations. “This case involves over N130 billion in public funds, alleged to have been used to acquire properties across Abuja and other locations. Given the defendant’s political influence, granting bail poses a significant risk to the integrity of the trial.”
He likewise opposed the third defendant’s bail application.
He said the third defendant, who served as a cashier during the alleged fraud and is now a Permanent Secretary, remains in a position to influence witnesses or repeat the offense.
“My Lord, witnesses in this case are civil servants and subordinates of the third defendant. His continued liberty poses a significant risk to the trial process,” he said.
Similarly, Pinheiro opposed bail for the second defendant, and is still in government service, stating:
“My Lord, the second defendant is still the Director General at the Government House, the same office implicated in this case. His position creates a likelihood of further interference in the investigation and trial,” Pinheiro said.
Ruling on the case, the judge adjourned the bail application until 10 December and directed that the three defendants should remain in EFCC custody.
Earlier, there was a mild drama in the courtroom after Justice Anenih walked out of the courtroom in anger due to a rowdiness.
Justice Anenih, who was supposed to take the plea of the former governor and two others, abruptly rose and announced she would not return until there was sanity in the courtroom.
Shortly after the judge left, Yahaya Bello, who had been sitting in the front of the courtroom, jumped up and moved toward the surging crowd.
He immediately directed his followers and sympathizers to vacate their seats and leave the courtroom.
His actions helped douse the tension, as his followers left the courtroom one after another without resistance.
To ensure order, the former governor sat at the entrance of the courtroom and made sure none of his followers disobeyed the court’s order.
All his aides and followers patiently obeyed his instructions and exited the court one by one.
