- The defendants had pleaded not guilty to a 16-count charge the EFCC preferred against them
The High Court of the Federal Capital Territory sitting at Maitama on Wednesday remanded the immediate past Governor of Kogi State, Alhaji Yahaya Bello, in custody of the Economic and Financial Crimes Commission, (EFCC).
Trial Justice Maryann Anenih ordered that he should remain with the anti-graft agency till December 10, when the court will rule on his application for bail.
Equally remanded in custody were Bello’s two co-defendants, Umar Oricha and Abdulsalami Hudu.
The defendants had pleaded not guilty to a 16-count charge the EFCC preferred against them.
EFCC had specifically urged the court to deny the former governor bail.
The agency, through its team of lawyers led by Mr. Kemi Pinheiro, SAN, told the court that Bello, who is the 1st defendant in the matter, repeatedly refused to make himself available for trial.
It told the court that several efforts to secure his presence before the Abuja Division of the Federal High Court, where he is facing another charge, proved abortive.
Consequently, the Commission opposed a bail application that Bello filed through his legal team that was led by a former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu, SAN.
Daudu, SAN, 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 he predicated on six grounds, the former governor argued that he 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, Bello contended 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 11 p.m. on Tuesday, November 26.
He said the former governor’s presence in court was in obedience to the summons that was issued to him.
More so, Bello’s lawyer 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 informed the court that some of the witnesses billed to testify in the matter were available.
He, therefore, prayed 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, SAN, submitted.
Ex-governor 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 (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.
The defendants pleaded their innocence to the charge after it was read to them before trial Justice Maryann Anenih.
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