Justice Maryann Anenih of the High Court of the Federal Capital Territory sitting in Maitama, Abuja, on Wednesday ordered Yahaya Bello, immediate past Governor of Kogi State, to be detained in the custody of the Economic and Financial Crimes Commission (EFCC) till December 10, when the court will rule on his application for bail.
In what underscores a new chapter in a saga that has engulfed the Nigerian space since April 2024, when the EFCC began an onslaught against the former governor, by declaring him wanted, the court equally remanded in custody were Bello’s two co-defendants, Umar Oricha and Abdulsalami Hudu.
They had all pleaded not guilty to a 16-count charge the EFCC preferred against them, preferred against them after they were accused of pocketing a whopping N110billion belonging to the state.
Kemi Pinheiro, a Senior Advocate of Nigeria (SAN) and lawyer to the EFCC, who had specifically urged the court to deny the former governor bail, arguing that he had repeatedly refused to make himself available for trial, pointedly told the court that several efforts to secure his presence before the Abuja Division of the Federal High Court, where he is facing another charge, proved abortive.
Pinheiro, who argued that Bello’s bail application was incompetent since it was filed before the defendants were arraigned before the court, had stated: “This court only assumed jurisdiction upon the arraignment of the defendants. It is only after arraignment that the bail application can arise and be heard. The application is premature, hasty, and contradicts the meaning of bail.”
But Joseph Daudu (SAN), lawyer to Bello, who had initially filed the bail application drew the attention of the court to a bail application his client filed on November 22, which he predicated on six grounds, including presumption of innocence under the law.
Insisting that he ought to be seen to be innocent of all the allegations the EFCC levelled against him until his guilt is established, Daudu, who contended that granting Bello bail would enable him to effectively prepare his defence to the charge, told the court that the ex-governor was only served with a copy of the charge against him around 11 p.m. on Tuesday, November 26.
Stating that Bello’s presence in court was in obedience to the summons that was issued to him, he urged the court not to be swayed by EFCC’s claims with regards to a matter not related to the instant charge before it, including that some of the witnesses billed to testify in the matter were available, urging the court to allow the EFCC to open its case immediately, an application that was opposed by the defence counsel.
In the 16-count charges against Bello and others marked CR/7781, which borders on conspiracy, criminal breach of trust, and possession of unlawfully obtained property, the EFCC alleged that the former governor misused state funds to acquire properties, including No. 35 Danube Street, Maitama District, Abuja (N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million), and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million).
Other properties the defendants allegedly acquired with funds stolen from the Kogi state treasury included Block D Manzini Street, Wuse Zone 4, Abuja (N170 million), Hotel Apartment Community: Burj Khalifa, Dubai (Five Million, Six Hundred and Ninety-Eight Thousand, Eight Hundred and Eighty-Eight Dirhams), Block 18, Gwelo Street, Wuse Zone 4, Abuja (N60 million), and No. 9 Benghazi Street, Wuse Zone 4, Abuja (N310.4 million).
They were also accused of transferring $570,330 and $556,265 to TD Bank, USA, and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited, charges to which they all pleaded their innocence.