‘Premature Request’ Court dismisses Yahaya Bello’s Untimely Bail Appeal

The Federal Capital Territory (FCT) High Court has turned down a bail request by former Kogi State Governor Yahaya Bello, stating that it was filed before he was properly detained or brought before the court. Justice Maryann Anenih, who presided over the case, described the application as premature and therefore inadmissible.

The court’s decision stemmed from procedural irregularities in the bail filing. According to Justice Anenih, the request was submitted on November 22, days before Bello’s actual detention on November 26 and his arraignment on November 27. The judge emphasized that under the provisions of the Administration of Criminal Justice Act (ACJA), bail applications can only be entertained after a defendant has been arrested, detained, or arraigned.

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Bello, alongside two co-defendants, is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on charges of laundering ₦110 billion during his tenure as governor. While Bello remains in custody, one of his co-defendants, Umar Oricha, was granted bail on strict terms. Oricha’s release conditions include providing two sureties with property in Maitama, Abuja, and remaining within the court’s jurisdiction unless permitted to travel.

The courtroom deliberations highlighted contrasting views between the defense and prosecution. Bello’s legal team, led by senior advocate JB Daudu, argued that their client’s stature as a former two-term governor demonstrated he posed no flight risk and would not interfere with judicial processes. On the other hand, EFCC counsel Kemi Pinheiro argued that filing for bail prior to arraignment was procedurally flawed and should not be entertained.

The court’s ruling has drawn attention to procedural compliance in Nigeria’s judicial process, as the case against Bello progresses. The former governor’s legal team may now explore other avenues to secure his release while preparing to address the substantive allegations in court.