Why court granted Yahaya Bello N500m bail in alleged N80.2b charge

A Federal High Court, Abuja on Friday, December 13, 2024, granted bail of N500 million to the immediate past Governor of Kogi State, Yahaya Bello.

Bello is facing a 19-count charge bordering on criminal breach of trust and laundering of ₦80,246,470,089.88 billion belonging to the people of Kogi State.

He is accused of looting the funds during his eight-year tenure and diverting same to acquire property at home and abroad.

The alleged offences contravene Section 18(a) and are punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.

The governor, who drew the ire of the court by shunning several summons to appear for arraignment and was declared wanted by the Economic and Financial Crimes Commission (EFCC) in April, surrendered himself for trial in November.

At the commencement of proceedings on Friday, Dr.Kemi Pinheiro (SAN) led a team of lawyers including Olukayode Enitan (SAN) and others for the prosecution.

The defence was represented by J.B Daudu (SAN), Abdulwahab Mohammed (SAN), and others.

Upon announcement of appearances, Pinheiro informed the court that the matter was adjourned for arraignment and that he had filed a motion for abridgment of time from the earlier date of January 21, 2025. But he applied for the withdrawal of the said application as it had been overtaken by events.

The court granted the application, and the motion for abridgment of time for arraignment was accordingly struck out.

Bello was arraigned, and the 19 counts in the charge were read to him.

One of the charges reads: “That you, Yahaya Adoza Bello, Ali Bello, Dauda Suleiman, and Abdulsalam Hudu (still at large), sometime in February 2016 in Abuja, within the jurisdiction of this Honourable Court, conspired amongst yourselves to convert the total sum of ₦80,246,470,089.88, which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity to wit: criminal breach of trust, thereby committing an offence contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.”

Other charges include alleged fraudulent transactions involving billions of naira and foreign currency, carried out between 2016 and 2023 through various companies.

He pleaded not guilty. Daudu then apologised to the court for Bello’s failure to honour the previous summons for his appearance for arraignment.

He clarified that the defendant’s actions were based on a challenge to the court’s jurisdiction and not out of disrespect to the Court.

“My lord, I am apologising on behalf of the defendant for any perceived disrespect toward the court in the past.

“For the record, my lord, I wish to apologise for any impression that the defendant refused to appear before your Lordship. He directed his former counsel to challenge the court’s jurisdiction, which led the matter up to the Supreme Court. This was not an act of disrespect but a procedural move,” Daudu said.

In further persuasion for the grant of bail, the senior counsel highlighted the defendant’s status as a two-term governor and assured the court that the defendant would appear for trial on all adjourned dates and would not jump bail.

Daudu added that having held many high-esteem positions in the legal profession, he could, “with all humility and sincerity,” assure the court of the defendant’s commitment to standing trial.

“The defendant, a two-term governor of Kogi State, holds the court in the highest regard. I assure this honourable court that he will appear for trial on all adjourned dates, barring sickness or death,” he added.

He further informed the court that he had conferred with Pinheiro, and both agreed that they would not belabour the Court further on the bail issue, having engaged in back-and-forth proceedings on the matter from the FCT High Court to the Federal High Court.

He assured the court that Bello was ready to submit to any bail conditions imposed by the court, subject to the judge’s convenience.

“I must express profound respect for my learned silk for the prosecution, Dr. Kemi Pinheiro (SAN). He shared a soft copy of the counter-affidavit before today’s proceedings, and we agreed to avoid unnecessary arguments. We urge the court to grant bail on reasonable terms and conditions,” he added.

Pinheiro, in response, relied on Rule 27(2)(a) of the Rules of Professional Conduct, 2023, which states: “A lawyer shall observe strictly all promises or agreements with other opposing lawyers whether oral or in writing and whether in or out of Court, and shall adhere in good faith to all agreements implied by the circumstances of the case.”

He confirmed that he had spoken with Daudu and that they had reached an understanding on the matter. Consequently, he accepted the assurances provided by the Defence Counsel.

Praising the defence counsel’s professionalism, Pinheiro said: “I must acknowledge the integrity of J.B. Daudu (SAN). We have worked to streamline the proceedings and reduce the burden on your Lordship. The EFCC is a professional, not a persecutorial body. However, the decision to grant bail and its conditions are entirely at the court’s discretion,” he said.

Pinheiro also noted the defendant’s apology, adding, “Let it be on record that the defendant has apologised through his counsel.”

Justice Nwite, in a short ruling, emphasised his independence.

The judge observed that ordinarily, the court would have revisited the defendant’s bail application, particularly considering his conduct. However, due to Daudu’s humble appeal and the agreement of both parties, the court was inclined to consider the bail application.

“Neither party will guide me on what to do. However, given the assurances by J.B. Daudu, I am inclined to grant bail. But for these assurances, my ruling might have been otherwise,” Justice Nwite stated.

The court granted Bello bail of N500 million, with two sureties in the like sum.

While the sureties must own properties within the court’s jurisdiction, Bello is also required to deposit his international passport with the Deputy Chief Registrar of the court, submit recent passport photographs, and swear to an affidavit of means.

Until the bail conditions are met, Justice Nwite remanded Bello at the Nigerian Correctional Centre, Kuje and adjourned trial till February 24 and 28, as well as March 6 and 7, 2025.