Alleged N80bn Fraud: Court Grants Yahaya Bello N500m Bail

Alex Enumah in Abuja

Justice Emeka Nwite of a Federal High Court, Abuja, yesterday, admitted immediate past Governor of Kogi State, Yahaya Bello, to bail in the sum of N500 million.
Justice Nwite in a ruling held he was minded to grant the bail even though it was at his discretion, due to the good behaviour of Bello’s lawyer, Chief Joseph Daudu, SAN and the show of understanding from prosecution lawyer, Mr. Kemi Pinheiro, SAN.
He said, “I have listened to the submissions of both counsels. It is not in dispute that both counsels have filed applications in respect of this.
“Based on the account exhibited by learned counsel for the defendant, which was exhibited and supported by prosecution counsel, I am minded to change my earlier stand on this matter,” the court held.
As part of the conditions, the court ordered the former governor to produce two sureties in like sum, who must own landed properties in Abuja, and also swore 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).
Bello 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.
He was said to have committed the allegations 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.
“I 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,” he said.
He added, “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.