By Seyi Odewale
A Federal Capital Territory High Court yesterday admitted former Governor of Kogi, Yahaya Bello, to bail in the sum of N500m with three sureties in like sum.
Justice Maryann Anenih refused the ex-governor’s bail application on December 10, saying it was filed prematurely.
She delivered the initial ruling, saying that the application was incompetent because it was filed when Bello was neither in custody nor before the court.
However, the governor’s lawyers could have filed a fresh application for bail and requested a hearing date.
The former governor, along with two others, is facing an alleged N110 bn money laundering trial.
He had pleaded not guilty to the 16-count charges brought against him by the Economic and Financial Crimes Commission.
At the resumed hearing on Thursday, Counsel for the former governor, Joseph Daudu, SAN, informed the court that the defence counsel had filed a further affidavit in response to the counter affidavit filed and served by the prosecution counsel.
He applied to withdraw the further affidavit, saying, “We do not want to make the matter contentious.”
The prosecution counsel, Olukayode Enitan, SAN, did not object. Therefore, the court granted the application for withdrawal and struck out the further affidavit.
Daudu also informed the court that discussions had taken place with the leader of the prosecution counsels, resulting in an agreement to ensure a speedy trial.
In light of this understanding, Daudu urged the court to grant the bail application.
He further requested that if the court graciously grants the Defendant bail, the court should review the bail conditions for the 1st, 2nd, and 3rd defendants.
He urged the court to broaden the scope of properties for bail sureties to include locations across the Federal Capital Territory (FCT) rather than limiting it solely to Maitama.
The prosecution counsel, Enitan SAN, acknowledged that Daudu SAN had talked with the prosecution team.
By the Rules of Professional Conduct (RPC), the EFCC Counsel gave assurance of their cooperation in expediting the trial.
He said, “I confirm the evidence given by the distinguished bar member leading the Defence, J.B Daudu (SAN), that he has been in conversation with the leader of the prosecuting team.
“It is a legal tradition that we should cooperate with members of the bar when it does not affect the course of justice.
”We have decided not to make this contentious, bearing in mind that no matter how industrious the defence counsel might be in pushing forward the application for bail and no matter how vociferous the prosecution counsel can argue against the bail application, your lordship is bound by your discretion to grant or not to grant the application. We are, therefore, leaving this to your lordship’s discretion.”
Delivering her ruling, Justice Anenih acknowledged that Bello’s charge was a bailable one and granted the ex-governor bail in the sum of N500m, with three sureties in like sum.
The sureties must be notable Nigerians with landed property in Maitama, Jabi, Utako, Apo, Guzape, Garki, and Asokoro.
The former governor of Kogi State was also asked to deposit his international passport and other travel documents with the court.
He will remain in Kuje Correctional Centre until the bail conditions are met.
Daudu also prayed for the variation of the 2nd defendant’s bail condition.
Counsel to the third defendant, Z.E Abbas, filed a motion on December 17 for variation of bail conditions and urged the court to grant the application.
This variation is based on landed property, which was previously restricted to Maitama only.
The prosecution did not object.
The judge granted their prayers and granted the property location as Yahaya Bello‘s.
The second and third defendants were earlier admitted to bail in the sum of N300m each, with two surgeries in like sum and property at Maitama.
The case was adjourned until January 29.
