BY ANTHONY OCHELA, ABUJA
Justice Maryann Anenih of the Federal Capital Territory High Court has fixed December 10 for rulings on the bail applications by the immediate past Governor of Kogi State, Yahaya Bello, and two others.
The Judge fixed the date after taking arguments for and against the bail request by Bello’s lawyer, Joseph Bodunde Dauda, SAN and the Prosecution’s Counsel, Kemi Pinheiro, SAN.
Ex-Gov Bello and two others had, on Wednesday, pleaded not guilty to the 16-count charges brought against them by the Economic and Financial Crimes Commission.
Bello, who is the 1st defendant, vehemently denied the allegations before Justice Maryann 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 the EFCC Counsel, Kemi Pinheiro, opposed the application, saying it had expired in October.
Making clarifications, the Defendant’s Counsel clarified this, saying 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, he added that the bail application was also supported with a written address.
“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,” he said.
The EFCC had moved for trial to commence immediately and was ready to call its first witness.
But Bello’s Counsel argued that they were 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.
“It is within his rights to enjoy his liberty while preparing for trial,” he said.
“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 noted.
Pointing out some paragraphs in the counter affidavit, he said the prosecution raised issues that had to do with a matter at the Federal High Court.
“When the jurisdiction of the Court is challenged, the defendant need not to appear until the issues arising from the jurisdiction are resolved,” he noted.
Objecting to the submissions of Mr. Bello, counsel to EFCC 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.
Justice Anenih thereafter rose for a short recess.
After the 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.
But 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.
He insisted that the counter affidavit lacked merit as it did not show that the defendant was a habitual offender. He therefore urged the court to grant the application for bail.
Justice Anenih adjourned ruling on the bail application to December 10 and directed that the three defendants should remain in EFCC custody.
It will be recalled that Umar Shoaib Oricha and Abdulsalami Hudu had earlier been admitted to administrative bail by the EFCC while the former governor appeared before the court for the first time.
