Yahaya Bello vs EFCC
An Abuja High Court, on Wednesday fixed Dec. 10 for ruling in the bail application filed by former governor of Kogi, Yahaya Bello of Kogi and two others.
Justice Maryann Anenih fixed the date after counsel for the prosecution, Kemi Pinheiro, SAN, and the defence, Joseph Daudu, SAN, presented their arguments for and against the bail application.
The former governor and the co-defendants; Umar Oricha and Abdulsalami Hudu, had pleaded not guilty to the 16-count charge filed against them by the Economic and Financial Crimes Commission (EFCC).
Bello, who is the 1st defendant, denied the allegations levelled against him when the counts were read by the court registrar.
After taking their plea, the defendants’ counsel moved an application for bail.
But Pinheiro opposed the application, arguing that it had expired in October.
Responding, Daudu clarified that the only relevant application before the court was the motion for bail in respect of the first defendant, which was filed on Nov. 22.
Relying on all the paragraphs of the affidavit, he added that the bail application was 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,” he said.
Pinheiro had moved for trial to commence immediately and was ready to call its first witness.
Daudu argued that he served with the charge at 11 pm on Nov. 26 and that he would need time to prepare his client.
On the bail application, he submitted that a defendant, in line with the law, is innocent until proven guilty.
“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,” he said.
Pointing out some paragraphs in the counter affidavit, he said the prosecution raised issues that had to do with a matter at the Federal High Court.
“When the jurisdiction of the court is challenged, the defendant need not to appear until the issues arising from the jurisdiction are resolved,” he said.
Pinheiro disagreed with Daudu’s submission.
He held that his preliminary objection was anchored on three grounds – competence of the application; factual content of the application and application of judicial principles and guidance.
Justice Anenih thereafter rose for a short recess.
After the recess, Pinheiro also opposed the bail application for the 2nd defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House, there was the likelihood of him committing the same offence.
But the defendant’s counsel argued that the use of “may” in the prosecution’s counter affidavit did not show where the 2nd defendant allegedly committed another offence after being granted bail.
He insisted that the counter affidavit lacked merit as it did not show that the defendant was a habitual offender.
He urged the court to grant the application for bail.
Justice Anenih consequently adjourned ruling in the bail application until Dec.10 and directed that the three defendants should remain in EFCC custody.
Oricha and Hudu had earlier been admitted to administrative bail by the anti-graft agency.(NAN)
