The Federal High Court in Abuja has reversed a decision denying bail to the Bauchi State Commissioner for Finance, Yakubu Adamu, and his co-defendants, who were charged with terrorism financing by the Economic and Financial Crimes Commission (EFCC).
The judge, Mohammed Umar, granted bail to the Bauchi State commissioner and his co-defendants in a ruling on Wednesday, shifting away from the earlier decision of another judge of the court who denied them bail earlier this month.
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The earlier judge, Emeka Nwite, who briefly handled the case during the court’s Christmas/New Year vacation, had struck out the defendants’ bail application in a ruling on 5 January, citing the gravity of the charges against them and the social implications of approving their release from custody while they were on terrorism-related trial.
Mr Nwite quitted the case on 14 January and returned the case file to the chief judge for reassignment to a new judge upon the court’s resumption from vacation.
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The EFCC had arraigned Mr Adamu and his co-defendants on 31 December 2025 on 10 counts of terrorism financing and sundry money laundering offences.
The charges accused them of releasing $2.33 million belonging to the state government to a Miyetti Allah Kautal Hore leader, Bello Bodejo, and other persons who allegedly used the cash, partly or wholly, to finance an alleged terrorist or terrorist group. The defendants allegedly released the funds to Mr Bodejo between January and May 2024.
The prosecution also alleged that nearly $7 million belonging to the state government was released for Mr Adamu’s benefit in a money laundering scheme.
Apart from Mr Adamu, other co-defendants charged in the case and were granted bail on Wednesday are Balarabe Abdullahi Ilelah, Aminu Bose, and Kabiru Yahaya Mohammed. EFCC described the trio as signatories to the Bauchi State Government’s accounts or other financial instruments.
The new judge, Mr Umar, who was reassigned the case, granted bail to the defendants on Wednesday in the sum of N100 million in his ruling on their re-presented bail application.
The judge said the purpose of granting bail “is not to set an accused person free” to commit wrongdoing during the trial. He said bail is a temporary measure and that subsists only for the duration of the trial.
The judge said he found the bail application meritorious, after reviewing the evidence provided by the defendants and counter-affidavits filed by the prosecution.
The prosecution, represented by Mutalubo Adebayo, had opposed the defendants’ bail application, which was argued by defence lawyer Chris Uche, a Senior Advocate of Nigeria (SAN).
The court granted Mr Adamu and his fellow defendants bail in the sum of N100 million each with two sureties. One of the sureties must be a serving permanent secretary, while the other must be a serving director in the civil service.
The court also ordered the defendants to submit their passports to the court. They are not to travel outside Nigeria without an express permission of the judge.
In addition, they are to report every Monday to the State Security Service (SSS) in Bauchi State for monitoring pending the determination of the trial.
The bail application
The defendants refiled their bail application, urging the new judge to grant them bail on liberal terms.
They argued in the new application that there were new and exceptional facts that justified the fresh filing.
They said Mr Nwite would have granted the application if presented with the new facts.
In a 36-paragraph affidavit supporting the motion, sworn to by one Mamman Bappayo from Bauchi State, noted among other things that the prosecution had withdrawn a “terrorism charges against Bello Badejo, who was “freed and discharged accordingly” since 29 May 2024, and that no prescription order had been issued against him.”
It also stated that the defendants’ detention had stalled salaries, pensions, hospital and school funding, and caused their families “great emotional, psychological trauma.”
The affidavit added that the defendants have “responsible sureties,” are long-serving government officials unlikely to abscond and undertake to appear before the court until the trial concludes. The application also described the charges as politically motivated, instigated by former state officials and opponents of the Bauchi State Governor.
Prosecution’s counter-affidavit
In a counter-affidavit opposing the defendants’ bail application, sworn to by Oluwafemi Popoola, argued that the so-called novel facts presented by the defendants were misleading.
He said the defendants claimed that the terrorism charge against “Bello Bodejo”, which they were alleged to have financed with state funds, had been withdrawn and that he was discharged.
Mr Popoola explained that Bello Bodejo was “merely discharged and not acquitted” and that the prosecution “reserves the right to charge him in the instant criminal proceedings or elsewhere.”
He added that the defendants’ affidavit, which argued their incarceration was causing a crisis in Bauchi State’s civil service, was speculative.
He further described the bail application as a “fierce contest to the merits of the charge,” rather than a genuine request for bail.
‘Judicial discretion’ prevails
The judge considered the arguments for and against granting bail to the four defendants accused of funding terrorism.
He stressed that judicial discretion is key in granting bail, as each case is considered on its own facts.
Mr Umar explained that bail decisions are therefore tailored to the particulars of each application while balancing defendants’ rights with the need to maintain justice and ensure their presence during trial.
He therefore noted that in granting bail, the court considers factors such as the nature of the charge, severity of the potential punishment, strength of the evidence, the defendant’s criminal record, risk of reoffending, and likelihood of appearing for trial.
These factors, he said, serve as guidelines, with the primary purpose of bail being to ensure the defendant attends the trial.
After considering the fillings of the defence and the prosecution, the judge opted to approve the bail request, noting that the submissions met the criteria for release.
The judge adjourned proceedings until 26 February for commencement of trial.
Background
The EFCC first arraigned Mr Adamu and three other state officials before the Federal High Court in Abuja on 31 December 2025.
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They were charged with 10 counts of terrorism financing and sundry money laundering offences.
The anti-graft agency alleged that the defendants authorised the release of millions of dollars in Bauchi State government funds to certain individuals, including Bello Bodejo, a leader of Miyetti Allah Kautal Hore.
The agency said the funds were used, in whole or in part, to finance a terrorist group or terrorist activities, an allegation the defendants denied.
A PREMIUM TIMES report provided exclusive details of the allegations, including the roles of various individuals in the cash disbursements at the heart of the charges.
The commission said the alleged offences contravened provisions of the Terrorism (Prevention and Prohibition) Act.
The case was initially heard during vacation by Mr Nwite of the same court, who refused the defendants bail, holding that they were undeserving because of the nature of the charges.
After the court vacation, the case was reassigned to the new judge, Mr Umar.
The defendants were then re-arraigned, and their lawyers refiled their bail application, which the new judge granted on Wednesday.
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