![Former Kogi State Governor Yahaya Bello [PHOTO CREDIT: Alhaji Yahaya Bello]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2024/02/408120362_905290814276680_6076651021365286803_n-e1707257395206.jpg?fit=938%2C677&ssl=1)
The Federal Capital Territory High Court in Ahuja, on Thursday, granted former Governor of Kogi State, Yahaya Bello, bail in the sum of N500 million with two sureties in like sum.
The former governor and two others are facing fraud charges involving N110 billion allegedly diverted from Kogi State government’s coffers.
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He had pleaded not guilty to the 16 counts brought against him by the Economic and Financial Crimes Commission.
The trial judge, Maryanne Anenih, had on 10 December, refused the ex-governor’s bail application, saying it was filed prematurely.
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While delivering the initial ruling, she said Mr Bello’s earlier bail application was incompetent, having been filed when the he was neither in custody nor before the court,
PREMIUM TIMES reported that governor had the opportunity to refile the application, which he did.
When the case was called for hearing on Thursday, the former governor’s lawyer, Joseph Daudu, informed the court that the defence had filed a further affidavit in response to the counter-affidavit filed and served by the prosecution.
He, however, applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”
There was no objection from the prosecution counsel, Olukayode Enitan, who is, a Senior Advocate of Nigeria (SAN).
The court, therefore, granted the application for withdrawal, striking out the further affidavit.
Mr Daudu, also a SAN, informed the court that discussions had taken place with the leader of the prosecution team resulting in an agreement to ensure a speedy trial.
In light of this understanding, Mr Daudu urged the court to grant the bail application.
He further requested to graciously grant the defendant bail in the same conditions as she granted the other defendants
He urged the court to broaden the scope of properties to be used as bail sureties to include locations across the Federal Capital Territory (FCT), rather than limiting the location solely to Maitama.
Mr Enitan acknowledged that Mr Daudu had been in talks with the prosecution team.
In accordance with the Rules of Professional Conduct (RPC), the EFCC’s lawyer gave assurance of their cooperation in expediting the trial.
He said, “I confirm the evidence given by the distinguished member of the bar that is leading the Defence, J.B. Daudu, SAN, that he has been in conversation with the leader of the prosecuting team.
“As with the legal tradition that 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 defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application.
“We are therefore leaving this to your lordship’s discretion.”
Ruling
Delivering her ruling, Mrs Anenih acknowledged that the offence the 1st Defendant was charged with was a bailable one and granted the ex-governor bail in the sum of N500 million, with three sureties in like sum.
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The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki and Asokoro.
Mr Bello was also ordered to deposit his international passport and other travel documents with the court. He is to remain at Kuje Correctional Centre until the bail conditions are met, the judge ordered.
The judge had earlier fixed 29 January 2025 for commencement of trial in the case.
The Federal High Court in Abuja, where Mr Bello also faces N80 billion money laundering charges, has earlier granted him bail and fixed date for commencement of trial.
