By Okeke Eunice
On Thursday, the Federal Capital Territory High Court in Abuja granted former Kogi State Governor Yahaya Bello bail in the amount of N500 million, with three sureties.
The ruling, delivered by Justice MaryAnne Anenih, followed a new bail application after the court previously denied Bello bail at the prior hearing.
Bello, along with two co-defendants, Umar Oricha and Abdulsalami Hudu, is facing trial on 16 charges brought by the Economic and Financial Crimes Commission, including criminal breach of trust and money laundering totaling N110.4 billion.
The court also granted bail to the second and third defendants, Oricha and Hudu, in the sum of N300 million each, with two sureties and additional conditions.
In outlining the conditions for Bello’s bail, the judge stated that the sureties must be responsible citizens who own land in one of the specified areas in Abuja—Maitama, Guzape, Apo, Wuse 2, or Asokoro.
She directed that the sureties submit the property documents to the court’s registrar, along with two recent passport-sized photographs.
Justice Anenih also instructed that Bello provide two copies of his recent passport photograph and a photocopy of a valid form of identification, either an International Passport or National Identity card, after presenting the original to the court’s registrar.
Justice Anenih ruled, “The first defendant is prohibited from traveling without the court’s permission and must remain at the Kuje Correctional Facility until the bail conditions are fulfilled.”
It is important to note that on December 10, the court had denied Bello’s bail application, citing procedural errors in its submission.
While delivering the ruling, Justice Anenih explained that the application was premature and had been filed before Bello was present in court or in custody.
The court observed that the bail request, dated November 22, 2024, was submitted before Bello’s arraignment on November 27, 2024, and just days after his detention on November 26, 2024.
She concluded, “Since the application was not filed when the first defendant was either in custody or before the court, it is deemed incompetent.”
“As a result, the application is denied as it was filed prematurely,” the judge ruled.
During the resumed session on Thursday, the defendant’s lawyer, J.B. Daudu, stated, “My Lord, this matter is for the hearing of the bail application for the first defendant.”
Daudu further informed the court that he had been in discussions with the lead prosecution counsel, and they had agreed to work towards ensuring a swift trial.
He requested the court to approve the first defendant’s bail application and to reconsider the bail conditions for the first to third defendants.
He asked the court to expand the areas where the sureties’ property could be located, suggesting that limiting it to Maitama would be problematic, as most properties there are commercial and difficult for owners to provide Certificates of Occupancy for.
He stated, “We urge your Lordship to grant the application. If the court is inclined to grant bail, we ask that the terms be ones the defendant can reasonably meet.”
He then requested that the court consider other upscale areas like Apo, Wuse 2, Asokoro, Garki, and other parts of the FCT for the property requirement.
Prosecution counsel Olukayode Enitan acknowledged the discussions between the defense and prosecution teams, saying, “I confirm the statements made by the distinguished J.B. Daudu (SAN), who has been in talks with the lead prosecutor.
“In keeping with legal traditions, we should cooperate with members of the bar when it does not compromise justice. We have decided not to contest the matter. Regardless of the defense counsel’s efforts to push the bail application or the prosecution’s strong opposition, your Lordship has the discretion to grant or deny the application. Therefore, we leave this decision to your discretion.”
After hearing from both counsels, Justice Anenih ruled that the charges against the former governor were bailable, stating, “The offence the first defendant is charged with is ordinarily bailable.”
After careful consideration, she granted the bail application for the first defendant in the amount of N500 million.
She also adjusted the bail conditions for the second and third defendants, specifying that their sureties should be landowners in equal value in any of the following areas of Abuja: Wuse 2, Garki, Maitama, Asokoro, Gwarimpa, or Guzape.
As previously scheduled, the hearing is set for January 29 and 30, 2025.