…Pleaded not guilty to corruption charges
The High Court of the Federal Capital Territory on Wednesday, November 27, 2024 ordered that the immediate past Governor of Kogi State, Alhaji Yahaya Bello, should remain in the custody of the Economic and Financial Crimes Commission (EFCC), until December 10, 2024, when it will rule on his bail applications.
The Court presided over by Justice Maryann Anenih fixed the date after taking arguments for and against the bail request by Counsel to Bello, Mr. Joseph Bodunde Dauda, SAN and the prosecution’s Counsel, Mr Kemi Pinheiro, SAN.
Bello and two others had, on Wednesday, pleaded not guilty to the 16-count charges brought against them by the EFCC as Bello, who is the 1st defendant, denied the allegations before Justice Anenih as they were reeled out by the Court Registrar.
After taking their plea, the Defendant’s Counsel, JB Daudu, SAN, moved an application for bail, but was opposed by the Counsel to the EFCC, Kemi Pinheiro, who said that the bail application expired in October.
However, Bello’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, Daudu said the bail application was also supported with a written address.
In his words; “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”.
The EFCC had moved for trial to commence immediately and was ready to call its first witness but was countered by Bello’s Counsel, saying that they were only 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 says a defendant is innocent until proven guilty, saying; “It is within his rights to enjoy his liberty while preparing for trial.
“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 said.
While pointing out some paragraphs in the counter affidavit, Daudu said the prosecution raised issues that had to do with a matter at the Federal High Court.
According to him; “When the jurisdiction of the Court is challenged, the defendant need not to appear until the issues arising from the jurisdiction are resolved”.
In his objection to the submissions of Bello, the EFCC’s counsel, 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.
After listening to the counsels, Justice Anenih rose for a short recess.
On resumption from the short recess, the prosecution counsel also opposed the bail application for the 2nd Defendant, saying since he was still a government official serving as the Director-General, Kogi State Government House, there was the likelihood of him committing the same offence.
In his own argument, the Defendant’s Counsel argued that the use of “may” in the prosecution’s counter affidavit did not show where the 2nd defendant allegedly committed another offence after being granted bail and insisted that the counter affidavit lacked merit as it did not show that the defendant was a habitual offender.
Daudu therefore urged the court to grant the application for bail.
Accordingly, Justice Anenih adjourned ruling on the bail application to December 10 and directed that the three defendants should remain in the EFCC’s custody.
The duo of Umar Shoaib Oricha and Abdulsalami Hudu were earlier admitted to administrative bail by the EFCC while the Bello appeared before the court for the first time.
Bello had earlier pleaded not guilty to a 16 -count charge bordering on diversion of N110 billion from the state government’s coffers.
Yahaya Bello was arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Maryam Anenih of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja.
The former governor who was arrested on Tuesday by the EFCC spent the night in the agency’s custody from where he was driven to the Court at about 8:50 a.m.
Bello, who was dressed in white caftan and blue cap, mounted the dock around 9:45am in a case for which he was arraigned alongside two other defendants namely; Umar Oricha and Abdulsalami Hudu, who were earlier granted bail by the Court at its last hearing on the case.
The defendants were accused of 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.
The EFCC alleged that Yahaya Bello converted Kogi State funds to personal use to acquire properties, including No. 35 Danube Street, Maitama District, Abuja at the cost of N950 million, another at No. 1160 Cadastral Zone C03, Gwarimpa II District, Abuja at the cost of N100 million, and No. 2 Justice Chukwudifu Oputa Street, Asokoro, Abuja valued at N920 million.
Other purchased properties according to the EFCC, include Block D Manzini Street, Wuse Zone 4, Abuja valued at N170 million, Hotel Apartment Community: Burj Khalifa, Dubai valued at five million, six hundred and ninety-eight thousand, eight hundred and eighty-eight Dirhams, Block 18, Gwelo Street, Wuse Zone 4, Abuja at the cost of N60 million, and No. 9 Benghazi Street, Wuse Zone 4, Abuja valued at N310.4 million.
The accused persons were also 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.
Bello was declared wanted by the EFCC in April 2024 and shunned several summons before surrendering himself to the anti-corruption agency’s headquarters in Abuja on Tuesday.
On September 18, 2024, Bello, in company with his successor, Governor Usman Ododo, went to EFCC to make a dramatic, controversial attempt to turn himself to the EFCC, but the anti-graft agency failed to arrest him. However, later in the day, the EFCC personnel made fruitless attempt to arrest Bello at the Kogi State Government Lodge in Asokoro, Abuja, where he was being sheltered by Governor Ododo.
The encounter resulted in hours-long of shootout as confrontation allegedly ensued between the EFCC operatives and the governor’s security personnel.
It was alleged that while the commotion was going on, Bello made an escape from the scene using Ododo’s convoy and disappeared again until Tuesday, when the EFCC said he was arrested.
