The immediate past governor of Kogi State, Yahaya Bello, and two others, on Wednesday, pleaded not guilty to the 16-count charges brought against them by the Economic and Financial Crimes Commission (EFCC).
Bello, who is the 1st defendant, vehemently denied the allegations before Justice Maryann Anenih as they were read out by the court registrar.
After taking their plea, the defendant’s counsel, JB Daudu, SAN, moved an application for bail.
But the EFCC counsel, Kemi Pinheiro SAN, opposed the application, saying it had expired in October.
Making clarifications, the defendant’s counsel explained that the only relevant application before the court was the motion for bail in respect of the first defendant, which was filed on November 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.
The EFCC had moved for trial to commence immediately and was ready to call its first witness.
But Bello’s counsel argued that they were served with the charge at 11 pm on November 26 and that he would need time to prepare his client.
On the bail application, Daudu SAN said the law in the country states that a defendant is innocent until proven guilty.
“It is within his rights to enjoy his liberty while preparing for trial,” he said.
“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 noted.
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 appear until the issues arising from the jurisdiction are resolved,” he noted.
Objecting to the submissions of Mr Bello, counsel to the EFCC 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.
It will be recalled that Umar Shuaib Oricha and Abdulsalami Hudu had earlier been admitted to administrative bail by the EFCC, while the former governor appeared before the court for the first time.
