The Economic and Financial Crimes Commission, EFCC, has urged a High Court of the Federal Capital Territory sitting at Maitama to deny bail to the immediate past Governor of Kogi State, Yahaya Bello.
The anti-graft agency, through its team of lawyers led by Mr. Kemi Pinheiro, SAN, informed the court that the former governor, who is facing another corruption charge before the Abuja Division of the Federal High Court, repeatedly refused to make himself available for his trial.
It opposed a bail application that Bello filed through his legal team that was led by a former President of the Nigerian Bar Association, NBA, Joseph Daudu, SAN.
Daudu had after the former governor and his two co-defendants; Umar Oricha and Abdulsalami Hudu- pleaded not guilty to a 16-count charge the anti-graft agency preferred against them, drew the attention of the court to a bail application his client filed on November 22.
In the application, Daudu predicated on six grounds that the former governor enjoys the presumption of innocence under the law.
Insisting that he ought to be seen to be innocent of all the allegations the EFCC levelled against him until his guilt is established, the former governor argued that granting him bail would enable him to effectively prepare his defence to the charge.
His lawyer told the court that his client was only served with a copy of the charge against him, around 11pm on Tuesday, November 26, adding that the former governor’s presence in court was in obedience to the summons that was issued on him.
The lawyer further urged the court not to be swayed by EFCC’s claims with regards to a matter not related to the instant charge before it.
The prosecution counsel had told the court that some of the witnesses billed to testify in the matter were available, praying the court to allow the EFCC to open its case immediately, an application that was opposed by the defence counsel.
Besides, EFCC argued that Bello’s bail application was incompetent since it was filed before the defendants were arraigned before the court.
“This court only assumed jurisdiction upon the arraignment of the defendants.
“It is only after arraignment that the bail application can arise and be heard.
“The application is premature, hasty, and contradicts the meaning of bail,” EFCC’s counsel, Pinheiro submitted.
Bello and his co-defendants are facing trial over their alleged complicity in a N110 billion fraud.
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, Hotel Apartment Community: Burj Khalifa, Dubai, Block 18, Gwelo Street, Wuse Zone 4, Abuja, and No. 9 Benghazi Street, Wuse Zone 4, Abuja.
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.
The defendants pleaded their innocence to the charge after it was read to them before trial Justice Maryann Anenih.
