The Federal Capital Territory High Court, on Thursday,
granted the immediate past Governor of Kogi State, Yahaya Bello, bail in the
sum of N500 million with two sureties in like sum.
Justice Maryann Anenih had, on December 10, refused
the ex-governor’s bail application, stating it was filed prematurely.
While delivering the initial ruling, she said that
since the 1st defendant was neither in custody nor before the court at the
time, the application was incompetent.
There was, however, room for the governor’s lawyers to
file a fresh bail application and apply for a hearing date.
The former governor is facing an alleged money
laundering trial involving N110 billion, along with two others.
He had pleaded not guilty to the 16-count charges
brought against him by the Economic and Financial Crimes Commission, EFCC.
When the case was called for hearing on Thursday,
counsel for the former governor, Joseph Daudu, SAN, informed the court that the
defence counsels had filed a further affidavit in response to the
counter-affidavit filed and served by the prosecution counsels.
He, however, applied to withdraw the further
affidavit, stating, “We do not want to make the matter contentious.”
There was no objection from the prosecution counsel,
Olukayode Enitan, SAN.
The court, therefore, granted the application for
withdrawal and struck out the further affidavit.
Daudu, SAN, also informed the court that discussions
had taken place with the leader of the prosecution counsels, resulting in an
agreement to ensure a speedy trial.
In light of this understanding, Daudu urged the court
to grant the bail application.
He further requested that, if the court would
graciously grant the defendant bail, it should review the bail conditions for
the 1st, 2nd, and 3rd defendants.
He urged the court to broaden the scope of properties
to be used as bail sureties to include locations across the Federal Capital
Territory, FCT, rather than limiting them solely to Maitama.
The prosecution counsel, Olukayode Enitan, SAN,
acknowledged that Daudu, SAN, had been in talks with the prosecution team.
In accordance with the Rules of Professional Conduct,
RPC, the EFCC counsel gave assurance of their cooperation in expediting the
trial.
He said, “I confirm the evidence given by the
distinguished member of the bar leading the defence, J.B. Daudu, SAN, that he
has been in conversation with the leader of the prosecuting team.
“As with the legal tradition that we should cooperate
with members of the bar when it does not affect the course of justice, we have
decided not to make this contentious, bearing in mind that no matter how
industrious the defence counsel might be in pushing forward the application for
bail and no matter how vociferous the prosecution counsel can argue against the
bail application, your lordship is bound by your discretion to grant or not to
grant the application.
“We are, therefore, leaving this to your lordship’s
discretion.”
Delivering her ruling, Justice Anenih acknowledged
that the offence the 1st defendant was charged with was a bailable one and
granted the ex-governor bail in the sum of N500 million, with three sureties in
like sum.
The sureties must be notable Nigerians with landed
property in Maitama, Jabi, Utako, Apo, Guzape, Garki, and Asokoro.
The 1st defendant was also ordered to deposit his
international passport and other travel documents with the court. He is to
remain at Kuje Correctional Centre until the bail conditions are met.
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