Court Grants Yahaya Bello N500m Bail over alleged N80bn Fraud

Justice Emeka Nwite of a Federal High Court, Abuja, on Friday granted bail to the immediate past governor of Kogi State, Yahaya Bello, in the sum of ₦500 million, with two sureties.

While delivering the ruling, Justice Emeka Nwite, noted that the bail was granted at the court’s discretion . “I have listened to the application from both counsels. First off, bail is at the discretion of the court, whether the bail is opposed or supported,” he said.

Speaking further, he stressed; “Ordinarily, based on the antecedents of this case, particularly the conduct exhibited by the defendant, I would have reconsidered the application made by the learned senior counsel for the defendant. However, based on the detour exhibited by the learned senior counsel for the defendant, J.B. Daudu (SAN), which was reciprocated by the learned senior counsel for the prosecution, Kemi Pinheiro (SAN), I am inclined to depart from our earlier position on this matter.

“In view of the foregoing, I am prepared to grant the application made by both counsel. I hereby grant bail to the defendant in the following terms: One—bail is granted to the defendant in the sum of ₦500 million, with two sureties in the like sum. The two sureties shall own landed property within the jurisdiction of this court, Abuja and also swear to an affidavit of means.”

According to Nwite, the said property’s documents must be verified by the registrar of the court.
The two sureties alongside Bello shall deposit recent passport photographs to the court, while Bello in addition is to deposit his international passport with the court.

Justice Nwite who ordered that the defendant be remanded in the Kuje Correctional Center in Abuja, however held that the former governor should be released upon perfection of the bail conditions.

Bello, earlier told the court that he is not guilty of the N80 billion fraud charge filed against him by the Economic and Financial Crimes Commission (EFCC).

He denied the allegations shortly after the entire 19 count criminal charge bordering on money laundering, fraud and misappropriation of funds to the tune of N80.2bn was read to him.

Bello was said to have committed the alleged fraud when he was governor of Kogi State between 2015-2023.
At the resumed trial, EFCC’s lawyer, Kemi Pinheiro, SAN, informed the court of the prosecution’s intention to withdraw an earlier application for abridgment of the earlier date fixed for arraignment, on grounds that the application had been overtaken by events.

Responding, Bello’s lawyer, Chief Joseph Daudu, SAN, said he was not opposed to the application, following which the judge granted the request.
After the defendant had taken his plea, Daudu made clarifications on the reasons he had not been in court during the previous hearings.

“I would like to place on record that for any impression that might have been created that the defendant did not wish to appear before your lordship, coincidentally, the ruling on my lord’s sitting this morning dealt with the issue of jurisdiction.
“What the defendant did was to ask his counsel to challenge the jurisdiction of the court, which got to the Court of Appeal and the Supreme Court.

“So it was not a wishful disrespect but he was only trying to defend himself. So we all hold your lordship in high esteem. If that impression must have been, he should not have presented himself for arraignment. That episode is gone and things are clearer now,” Daudu stated.
While moving an application for bail, he assured that the former Governor would always be present in court for the trial.

“I am saying this with the highest sense of responsibility that the defendant, a two-term governor of Kogi State, who travelled only two times out of his eight years in service, will always be present in court at all times.

“There should be no apprehension that he will jump bail. So we urge your lordship to grant us very reasonable conditions of bail such that he will be able to bear,” the senior lawyer said.
He also informed the court of an understanding between counsel not to stress the court over the issue of bail.

Responding, Pinheiro confirmed that “we have been engaging in series of discussions to ease the burden on your lordship in compliance with Rule 26 of Rules of Professional Ethics.

:l also note that your lordship has delivered not less than five rulings in this matter and it is our aim to ease the work. We are prosecutors not persecutors and EFCC is a professional commission, a prosecutorial and not prosecutorial commission.

“We accept the assurances of the very eminent SAN that the defendant will make himself available subject to your lordship’s discretionary terms that may be imposed.

“By so doing, we will ease the burden on the court. Therefore, we will not be opposing the eminent SAN’s submission.”

Pinheiro said although they had filed a counter-affidavit, they would not oppose the bail, going by the assurances of the learned SAN.

Recall that the ex-governor was earlier remanded in a fresh N110bn charge by the EFCC, pending his bail application.