From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT), Abuja has ordered the immediate past governor of Kogi State, Yahaha Bello and his co-defendants to be remanded in the custody of the Economic and Financial Crimes Commission (EFCC) pending the ruling on their bail applications fixed for December 10, 2024.
Justice Maryann Anenih made the remand order against the defendants after reserving ruling on their respective bail applications.
Bello and his co-defendants; Umar Shoaib Oricha and Abdulsalami Hudu were arraigned before the crowded court by the EFCC on a 16-count charge bordering on alleged complicity in a N110billion fraud where they all entered a plea of not guilty to the charges.
After taking their plea, the prosecution counsel, Kemi Pinheiro (SAN) moved for trial to commence immediately as he was ready to call its first witness
But the defendant’s Counsel, Joseph Daudu, SAN, moved an application for the bail.
But the prosecution counsel EFCC Pinheiro, SAN, opposed the bail application on the ground that the application relied upon in October.
Daudu however clarified that the only relevant application before the court was the motion for bail in respect of the 1st defendant (Bello), which was filed on November 22.
He further argued that they were served with the charge at 11 pm on November 26 and that he would need time to prepare his client.
The defence counsel who relied on all the paragraphs of the affidavit added that the bail application was also supported with a written address.
He said; “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”.
On the bail application, Daudu submitted that a defendant, in line with the law, is innocent until proven guilty.
“My Lord, it is within his rights of the defendants to enjoy their liberty while preparing for trial.
“The prosecution’s objection is based on the fact that the 1st defendant 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.
Drawing the court’s attention to some paragraphs in the counter affidavit, the defence counsel 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 needs not to appear until the issues arising from the jurisdiction are resolved,” he said.
But responding, the prosecution counsel, Pinheiro, disagreed with Daudu.
Rather, Pinheiro argued 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.
Bello’s co-defendants, Umar Shoaib Oricha and Abdulsalami Hudu had earlier been admitted to administrative bail by the EFCC.
After the court resumed from a short recess, the prosecution counsel further opposed the bail application for the 2nd defendant on the ground that 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 responding, the defence counsel argued that the use of the word “may” in the prosecution’s counter affidavit did not show where the 2nd defendant allegedly committed another offence after being granted an administrative bail.
Daudu insisted that the prosecution’s counter affidavit lacked merit as same did not show that the defendant was a habitual offender.
He therefore urged the court to grant the bail application.
Justice Anenih after taking the arguments for an against the bail applications, adjourned ruling to December 10, and ordered that the three defendants should remain in EFCC custody.
The charge against the defendants, marked: CR/7781, borders on conspiracy, criminal breach of trust and possession of unlawfully obtained property.
Specifically, the EFCC alleged that the former governor misused state funds to acquire properties, including No. 35 Danube Street, Maitama District, Abuja (N950 million), No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja (N100 million), and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja (N920 million).
Other properties the defendants allegedly acquired with funds stolen from the Kogi state treasury, included Block D Manzini Street, Wuse Zone 4, Abuja (N170 million), Hotel Apartment Community: Burj Khalifa, Dubai (Five Million, Six Hundred and Ninety-Eight Thousand, Eight Hundred and Eighty-Eight Dirhams), Block 18, Gwelo Street, Wuse Zone 4, Abuja (N60 million), and No. 9 Benghazi Street, Wuse Zone 4, Abuja (N310.4 million).
More so, the defendants were accused of transferring $570,330 and $556,265 to TD Bank, USA, and possessing unlawfully obtained property, including N677.8 million from Bespoque Business Solution Limited.
Bello was declared wanted by the Economic and Financial Crimes Commission in April 2024, submitted himself at the commission’s headquarters in Abuja on Tuesday and was quizzed by operatives of the anti-graft commission.
At the venue of his trial, heavily armed operatives of the Economic and Financial Crimes Commission, EFCC, mounted the security.
The ex- governor who arrived the court premises dressed in white Babanriga was beaming with smiles while acknowledging praises of “Saaki’ from his teeming followers and political aides.