Court remands Yahaya Bello in EFCC custody, adjourns till Dec 10

Former Kogi State Governor Yahaya Bello was placed under remand in the custody of the Economic and Financial Crimes Commission on Wednesday by Federal Capital Territory High Court Justice Maryanne Anenih in Abuja.

Additionally, the judge postponed making a decision on his bail request until December 10, 2024.

EFCC has filed 16 charges against Bello and two other people, Abdulsalam Hudu and Shuaibu Oricha.

Criminal breach of trust, conspiracy, and possession of property gained illegally were the charges brought against the defendants.

After hearing arguments for and against the bail request from Bello's attorney, Joseph Daudu, and the prosecution's attorney, Kemi Pinheiro, Justice Anenih set a date to rule on the defendant's bail motion.

When the allegations were read to Bello and his co-defendants, they had previously entered a not guilty plea.

Bello appeared before the EFCC on Tuesday after being charged with arraignment since April.

Bello was originally charged to enter his plea before Justice Emeka Nwite of the Federal High Court in Abuja in a separate ongoing alleged N84 billion charge made against him by the commission, prior to being billed to respond to the N110.4 billion allegation preferred against him before Justice Anenih.

Bello appeared in court for the first time on Wednesday in order to enter his plea.

Following the defendants' plea on Wednesday, Bello's attorney, Daudu, filed a bail application, to which EFCC attorney, Kemi Pinheiro, objected, stating it had expired in October.

The defence counsel, however, clarified saying, “The only relevant application before the court is the motion for bail in respect of the first defendant (Bello) which was filed on November 22.”

He added that the bail application was also supported by a written address.

“My Lord, the bail application is also supported with a written address.

“Exhibit A, which is the public summons is very vital and the appearance of the defendant in court today, shows he has respect for the law,” Bello’s counsel argued.

Speaking further, he noted that the law in the country states that a defendant is innocent until proven guilty.

Highlighting some paragraphs in the counter affidavit, Daudu argued that the prosecution raised issues that had to do with a matter at the Federal High Court.

He stated, “It is within his rights to enjoy his liberty while preparing for trial. The prosecution’s objection is based on the fact that he is facing charges at the Federal High Court and has refused to appear to take his plea.

“The court should not use issues from another court to determine issues before the FCT High Court.”

Daudu added, “When the jurisdiction of the court is challenged, the defendant needs not to appear until the issues arising from the jurisdiction are resolved.”

The EFCC counsel further objecting to the submissions of the defence, stated that the preliminary objection was anchored on three grounds — competence of the application, factual content of the application, and the application of judicial principles and guidance.

Justice Anenih, thereafter, rose for a short recess.

Upon her return, the prosecution counsel further opposed the bail application for the second defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House and there was a likelihood of him committing the same offence.

The defendant’s counsel, however, disagreed that the use of “may” in the prosecution’s counter affidavit did not show where the second defendant allegedly committed another offence after being granted bail.

He argued that EFCC’s counter-affidavit lacked merit as it did not show that the defendant was an habitual offender.
He pleaded with the judge to approve the bail request.

Justice Anenih then ordered that the three defendants be in EFCC custody and postponed the decision on the bail application until December 10.

Oricha and Hudu, Bello's co-defendants, had previously been granted administrative bail by the anti-graft organisation.

Bello and his co-defendants are accused of misusing state funds to buy a number of properties, including No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million), No. 35 Danube Street, Maitama District, Abuja (N950 million), and No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million).

Additionally, they were charged with transferring $570,330 and $556,265 to TD Bank in the US and with having property that was obtained illegally, including N677.8 million from Bespoque Business Solution Limited.