Justice Emeka Nwite of the Federal High Court, Abuja, has granted the immediate past governor of Kogi State, Yahaya Bello, a N500 million bail over an alleged fraud of N80 billion.
He had earlier pleaded not guilty to a 19-count charge brought against him by the Economic and Financial Crimes Commission (EFCC).
In the charge, the anti-graft agency accused him of N80 billion fraud.
The defendant’s counsel, led by Joseph Daudu (SAN), in the application for bail, assured that the former governor would always be present in court for the trial.
Daudu said, “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.”
Ruling on the bail application, Justice Nwite said, “I have listened to the submissions of both counsel. It is not in dispute that both counsel 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,” he said.
Justice Nwite therefore granted the defendant N500 million bail with two sureties.
“Sureties must be landed property owners within the jurisdiction of this court. They must swear an affidavit of means. The title deeds of priority to be verified by the court registrar,” he said.
The defendant was also asked to submit his international passport while he would remain at the Kuje Correctional Centre pending the perfection of the bail conditions.
When the case was called for hearing yesterday, the counsel to the EFCC, Kemi Pinheiro (SAN), notified the court of the intention of the prosecution to withdraw an earlier application for abridgment of the earlier date fixed for arraignment.
He said the application had been overtaken by events. Justice Nwite granted the request accordingly.
After the defendant had taken his plea, his counsel (Daudu) made clarifications on the reasons he had not been in court during the previous hearings.
He said, “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,” he stated.
He commended the prosecution counsel, saying he had conducted himself in the best tradition because the matter was not a do-or-die one.
He said they had agreed that the counsel would not stress his lordship over the issue of bail.
The prosecution counsel, Oluwakemi Pinheiro (SAN) concurred.
Pinheiro said, “I must express my honour to the very eminent lead senior counsel. He is a man of immense stature, not because of his size.
“I do respect him as president of the NBA. I also confirm that we have been engaging in a series of discussion to ease the burden on your lordship in compliance with Rule 26 of Rules of Professional Ethics
“I also note that your lordship had 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 ‘persecutorial’ 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 doing so, we will ease the burden on the court. Therefore, we will not be opposing the eminent SAN’s submission.”
The prosecution counsel said though they had filed a counter-affidavit, they would not oppose the bail, going by the assurances of the learned SAN.
Yahaya Bello was earlier remanded in a fresh N110 billion charge by the EFCC, pending his bail application.
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