Nigeria: Yahaya Bello to Spend Two Weeks in EFCC Custody After Arraignment

27 November 2024

The court ordered Mr Bello's remand in custody till the date of his ruling next month.

Former Governor Yahaya Bello will remain in custody for two weeks to await the decision of the Federal Capital Territory (FCT) High Court in Abuja on his bail application.

The trial judge, Maryanne Anenih, Wednesday, ordered the remand of the former governor in custody of the Economic and Financial Crimes Commission (EFCC) till 10 December set for ruling on his bail application. That will be exactly 14 nights in custody till the date of the ruling.

The EFCC earlier arraigned Mr Bello and two co-defendants on Wednesday on16 counts of N110 billion corruption charges, before hearing the defendants' bail applications.

The former governor and his two co-defendants pleaded not guilty to all the counts of diverting the funds belonging to Kogi State Government during his eight years. The two co-defendants--Umar Oricha and Abdulsalami Hudu-- were accused of conspiring with Mr Bello to perpetrate the alleged fraud.

After the defendants pleaded not guilty to the charges, the prosecuting lawyer, Kemi Pinheiro, a Senior Advocate of Nigeria (SAN), said he was ready to open the trial with his first set of witnesses present in court.

However, lawyer to Mr Bello and his co-defendants, Joseph Daudu, a SAN, moved an application for bail for his clients.Mr Pinheiro opposed the application arguing that it predated the arraignment of the defendants and was therefore premature, hasty and procedurally flawed.

Mr Daudu said the bail application before the court was dated 22 November and urged the court to grant bail to his clients.

He said Mr Bello's appearance in court on Wednesday "signifies his commitment to stand trial." He cited Sections 378(2) and 371 of the Administration of Criminal Justice Act (ACJA) in support of the bail application.

Responding, Mr Pinheiro said Mr Bello's alleged history of disregarding court summonses and judicial processes shows he is not a person of good behaviour deserving of bail.

"The records before this court demonstrate bad conduct. The first defendant has treated previous court orders with disdain, including failing to appear before the Federal High Court and the Court of Appeal. This conduct punctures his claim of good behaviour and commitment to justice," the prosecutor said.

Mr Pinheiro also commented on the gravity of the allegations. "This case involves over N130 billion in public funds, alleged to have been used to acquire properties across Abuja and other locations. Given the defendant's political influence, granting bail poses a significant risk to the integrity of the trial."

Mr Pinheiro likewise opposed the third defendant's bail application.

He said the third defendant, who served as a cashier during the alleged fraud and is now a permanent secretary, remains in a position to influence witnesses or repeat the offense.

"My Lord, witnesses in this case are civil servants and subordinates of the third defendant. His continued liberty poses a significant risk to the trial process," he said. Similarly, Pinheiro opposed bail for the second defendant, and is still in government service, stating:

"My Lord, the second defendant is still the Director General at the Government House, the same office implicated in this case. His position creates a likelihood of further interference in the investigation and trial," Mr Pinheiro said.

The judge adjourned the bail application until 10 December and directed that the three defendants should remain in EFCC custody.

Mr Bello, who spent Tuesday night in EFCC custody, was driven into the premises of the FCT High Court in Abuja in the anti-corruption agency's vehicle at about 8:50 a.m. on Wednesday.

He was subsequently accompanied by operatives into the courtroom, where he sat in the first row of seats close to the dock.

Mr Bello spent his first night in custody since stepping down from office as Kogi State governor in January this year, amid efforts by EFCC to arraign him on corruption charges.

The charges stemmed from Mr Bello's activities during his eight-year tenure as governor..

Wednesday is Mr Bello's first court appearance after months of intense efforts to avoid trial and shunning court summonses to answer the corruption charges pending against him in two courts.

Apart from the N110 billion case that came up on Wednesday, there is a N80 billion money laundering case pending against him at the Federal High Court in Abuja.

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