The Federal High Court in Abuja on Monday denied bail to Bauchi State Commissioner for Finance, Yakubu Adamu, and four co-defendants facing terrorism financing charges.
Trial judge Emeka Nwite held that the defendants were undeserving of bail because of the nature of the charges they face.
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He explained that terrorism-related charges border on threat to national security and social order.
He added that although the defendants enjoy the right of presumption of innocence, the right is not absolute and releasing them on bail while they undergo trial on terrorism-related charges can endanger the public.
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“I am not unmindful of the constitutional provision of Section 36(5), which provides that every person charged with a criminal offence shall be presumed innocent until proven guilty.
“But I must state that the said constitutional provision is not absolute.
“Consequently, the application is hereby refused,” Mr Nwite ruled.
The Economic and Financial Crime Commission (EFCC) had arraigned Mr Adamu and his co-defendants on 31 December 2025 on 10 counts involving terrorism financing and sundry money laundering offences.
Following the arraignment, the judge, Mr Nwite, ordered the defendants to remain in prison pending the ruling on their bail application slated for Monday (today).
The charges accused them of releasing state government’s funds to a Miyetti Allah Kautal Hore leader, Bello Bodejo, and other persons who allegedly used the cash, running into millions of dollars, 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 over $6 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 indicted in the case are Balarabe Abdullahi Ilelah, Aminu Bose, and Kabiru Yahaya Mohammed.
The defendants denied all 10 charges.
Shortly after the defendants took their plea during the 31 December 2025 proceeding, defence lawyer, Gordy Uche, a Senior Advocate of Nigeria (SAN), urged the court to grant the accused persons bail on liberal terms.
However, EFCC lawyer Samuel Chime opposed bail, citing the terrorism-related allegations, the money laundering counts, and the sums involved.
The judge subsequently adjourned the ruling until 5 January (today).
Why defendants didn’t get bail despite right to presumption of innocence
While delivering the ruling, Mr Nwite said Nigeria’s criminal justice system has stipulations and safeguards for the prosecutor, the accused, and the victim.
He explained that under normal circumstances, the court may use its discretion grant bail to a defendant “if an application for bail pending trial is made, and there is a good reason to believe or strongly agree that the accused will not jump bail, thereby making himself available to stand trial, and/or will not interfere with witnesses, thereby obstructing justice.”
The judge, however, cited a 2001 case involving a former Chief of Army Staff Ishaya Bamaiyi who faced murer trial for assassinations during the former dictator, the late Sani Abacha’s regime, to deny Mr Adamu and his co-defendants bail.
He said the Supreme Court’s precedent in the Bamaiyi’s case held that it is proper to consider the nature of the offence charged, the available evidence, and the severity of the punishment which conviction will entail.
Mr Nwite said the court considered these critical factors, especially the availability of the defendants to stand trial in reaching its decision on their bail application.
He said he also considered “the proof of evidence, especially the statement of Dan Lawan Abdulmumuni and other prosecution witnesses, together with the grave threat to national security and public safety this case poses.”
In his view, the prosecution succeeded in raising a reasonable presumption of criminal responsibility on the part of Mr Adamu and his co-defendants.
Aside from that, he noted that terrorism-related offences threaten social order and pre-trial release could endanger the public.
The judge therefore refused the bail application but noted that “the interest of justice will be met by giving the matter an accelerated hearing.”
The judge adjourned the case until 13 January for commencement of the trial.
Earlier on Friday, 2 January, the same judge, Mr Niwite, granted Mr Adamu N500 million bail in a separate money laundering trial.
In that case, EFCC charged him alongside Ayab Agro Products and Freight Company Ltd with six counts of money laundering involving N4.65 billion.
He allegedly committed the offence while he was the Branch Manager of Polaris Bank, Bauchi, between June and December 2023.
But since he has now been denied bail in the terrorism case, he will, for now, face trial from Kuje prison, where he was remanded.
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