By Noah Ocheni, Lokoja
The Federal Capital Territory (FCT) High Court, on Thursday, granted the immediate past Governor of Kogi State, Yahaya Bello, bail in the sum of ₦500 million, with two sureties in like sum.
Justice Maryann Anenih had, on December 10, rejected the ex-governor’s bail application, stating it was filed prematurely. In her initial ruling, she explained that since the first defendant was neither in custody nor before the court at the time the application was filed, it was considered incompetent.
However, the court allowed the governor’s lawyers to submit a fresh application for bail and request a hearing date.
The former governor is facing an alleged money laundering trial involving ₦110 billion, alongside two others. He has pleaded not guilty to the 16 charges brought against him by the Economic and Financial Crimes Commission (EFCC).
During the hearing on Thursday, the defense counsel, Joseph Daudu SAN, informed the court that the defense had filed a further affidavit in response to the counter affidavit filed by the prosecution. However, Daudu applied to withdraw the further affidavit, stating, “We do not want to make the matter contentious.”
The prosecution counsel, Olukayode Enitan SAN, did not object to the application, and the court granted the request, striking out the further affidavit.
Daudu also informed the court that discussions had taken place between the defense and the prosecution team, leading to an agreement aimed at ensuring a speedy trial. In light of this, Daudu urged the court to grant the bail application and to review the bail conditions for all three defendants.
He requested that the court broaden the scope of properties that could be used as sureties to include locations across the FCT, rather than limiting them to Maitama.
Acknowledging the discussions between the defense and prosecution, Enitan assured the court that the prosecution would cooperate in expediting the trial. He stated, “I confirm the evidence given by the distinguished member of the bar leading the defense, J.B. Daudu SAN, that he has been in conversation with the leader of the prosecuting team.”
He added, “As with the legal tradition, we should cooperate with members of the bar when it does not affect the course of justice. We have decided not to make this contentious, bearing in mind that no matter how industrious the defense counsel might be in pushing for bail or how vociferous the prosecution counsel might argue against it, your lordship is bound by your discretion to grant or deny the application. We are, therefore, leaving this to your lordship’s discretion.”
In her ruling, Justice Anenih acknowledged that the offence for which the first defendant was charged was bailable. She granted bail to the ex-governor in the sum of ₦500 million, with three sureties in like sum. The sureties must be prominent Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki, or Asokoro.
The first defendant was also ordered to deposit his international passport and any other travel documents with the court. He is to remain at Kuje Correctional Centre until the bail conditions are fulfilled.
