Former Governor of Kogi State, Yahaya Bello, will remain in the custody of the Economic and Financial Crimes Commission (EFCC) for two weeks as he awaits the Federal Capital Territory (FCT) High Court’s decision on his bail application. The court set the ruling date for December 10, 2024, following a hearing on his case on Wednesday.
Justice Maryanne Anenih, the trial judge, ordered that Bello be remanded in EFCC custody until the decision is made on his bail application. This will mean he will spend 14 nights in custody before the court delivers its verdict on whether he will be granted bail or not.
Bello, alongside his two co-defendants, Umar Oricha and Abdulsalami Hudu, was arraigned on 16 counts of corruption charges involving the alleged diversion of N110 billion belonging to the Kogi State Government during Bello’s eight years in office. The defendants pleaded not guilty to the charges.
After entering their pleas, the prosecutor, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), indicated his readiness to begin the trial. He stated that the prosecution had witnesses present and was prepared to proceed with presenting its case.
However, defense counsel Joseph Daudu, also a Senior Advocate of Nigeria (SAN), made an application for bail on behalf of Bello and his co-defendants. He argued that the application was in line with the provisions of the Administration of Criminal Justice Act (ACJA), specifically referencing Sections 378(2) and 371. Daudu emphasized that Bello’s appearance in court demonstrated his willingness to face trial.
“The fact that Mr. Bello is present today signifies his commitment to the legal process and his readiness to stand trial,” Daudu asserted in his plea for bail.
In response, the prosecutor, Pinheiro, strongly opposed the bail application. He pointed to Bello’s alleged history of defying court summonses and disregarding judicial orders as evidence that he was not a person of good character. Pinheiro said that the former governor had previously failed to attend court hearings, including those at the Federal High Court and Court of Appeal, casting doubt on his commitment to justice.
“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 behaviour and commitment to justice,” Pinheiro said.
Pinheiro also underscored the seriousness of the charges against Bello. He noted that the case involved the alleged misappropriation of over N130 billion in public funds, which were purportedly used to acquire properties across Abuja and other locations. Given Bello’s former political influence, the prosecutor argued that granting bail could jeopardize the integrity of the trial.
“The gravity of the case, involving billions of naira, combined with the defendant’s political influence, poses a significant risk to the fairness of the trial,” Pinheiro added.
Pinheiro also opposed the bail applications of the other two defendants, Umar Oricha and Abdulsalami Hudu. He expressed concern that Hudu, who served as a cashier during the alleged fraud and is now a permanent secretary, could interfere with witnesses or potentially 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,” the prosecutor stated regarding Hudu.
Similarly, Pinheiro argued that Oricha, still serving as the Director General at the Government House in Kogi State, was in a position to influence the investigation and trial. “The second defendant is still in government service, and his position creates a likelihood of further interference with the investigation and trial,” he stated.
After hearing the arguments, Justice Anenih adjourned the bail application until December 10, 2024, for a ruling. In the meantime, the three defendants were ordered to remain in EFCC custody.
Bello had spent the night before his court appearance in EFCC custody after his arrest. On Wednesday morning, he was brought to the FCT High Court premises at around 8:50 a.m. in an EFCC vehicle, accompanied by operatives into the courtroom. There, he sat in the front row of seats, closely positioned to the dock.
This was Bello’s first appearance in court after months of avoiding trial. He had previously ignored court summonses and made several attempts to evade facing charges relating to corruption during his tenure as governor. The charges include the alleged misappropriation of state funds during his time in office.
Apart from the N110 billion fraud case, Bello faces a separate N80 billion money laundering charge at the Federal High Court in Abuja. This ongoing case adds to the legal troubles facing the former governor, who served as Kogi State’s governor from 2016 until his resignation earlier this year.
