₦80.2bn fraud: Court grants Yahaya Bello ₦500m bail

Yahaya Bello, the immediate former governor of Kogi State, was granted ₦500 million bail by the Federal High Court in Abuja on Friday, along with two sureties.

In making the decision, trial judge Justice Emeka Nwite said that the court has the authority to decide whether to issue bail.

"I have heard both counsels' applications," he stated. First of all, the court has the final say about bail, regardless of whether it is supported or opposed. Normally, I would have re-examined the motion submitted by the defendant's learnt senior counsel in light of the case's history, especially the defendant's actions. But according to the diversion taken by the defendant's knowledgeable senior attorney, J.B. Daudu (SAN), which was reciprocated by the learned senior counsel for the prosecution, Kemi Pinheiro (SAN), I am inclined to depart from our earlier position on this matter.

“In view of the foregoing, I am prepared to grant the application made by both counsel. I hereby grant bail to the defendant in the following terms: One—bail is granted to the defendant in the sum of ₦500 million, with two sureties in the like sum. The two sureties shall own landed property within the jurisdiction of this court, Abuja.

“The two sureties shall swear to an affidavit of means, and the documents of the property shall be verified by the chief deputy registrar of this honourable court. The defendant shall deposit his international passport with the chief registrar of this honourable court. The defendant and the sureties shall each deposit two recent passport photographs with the deputy chief registrar of this honourable court. The defendant shall be released upon the perfection of the bail terms. The case is adjourned to February 24, 28, and March 6 and 7, 2025, for trial.”

Bello faces a 19-count charge brought against him by the Economic and Financial Crimes Commission (EFCC), relating to money laundering, breach of trust, and misappropriation of public funds totalling ₦80.2 billion.
Pinheiro, the EFCC's attorney, told the court that the prosecution intended to revoke an earlier request for an arraignment date abridgement when the hearing was resumed. Events had taken precedence over the application, he said. Since Daudu, the defendant's attorney, did not raise any objections, Justice Nwite granted the motion and rejected the application.

After that, Bello was read the 19 counts and entered a not guilty plea.

The defendant's attorney accepted his plea, expressed regret for the previous conduct, and asked for bail while the charges were being heard and decided.

He told the court that Bello, a two-term governor who had only been overseas twice, posed no flight risk and that his client would be present on all trial dates.

"My Lord, I sincerely apologise for any misunderstanding that may have arisen that the defendant was unwilling to come before your lordship for his arraignment," he said. He instructed his solicitors to contest the court's jurisdiction, which led them to the Court of Appeal, the Supreme Court, and back here. This is a standard practice in the legal profession.

It wasn't deliberate disrespect, my Lord. He believed he was doing the best he could to protect himself. We all respect this court as much as he does. Although this episode could have been prevented, it is now over and the situation is more obvious. We don't intend to hurt this court.

Second, I declare this with all my senses, my Lord, and the EFCC is a prosecutorial commission, not a prosecutorial commission.

“We accept the assurances of the eminent counsel that the defendant will be available for trial, subject to your lordship’s terms.”

Recall that Bello is also facing a separate ₦110.4 billion charge before Justice MaryAnne Anenih of the Federal Capital Territory High Court in Maitama, Abuja.

Justice Anenih had earlier ordered Bello’s remand in Kuje correctional facility pending the hearing and determination of his bail application after rejecting the application for procedural irregularities in its filing.

Meanwhile, Justice Nwite has also ordered Bello’s remand in Kuje prison pending the perfection of the bail terms granted.