Former Governor of Kogi State, Yahaya Bello has apologized to Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, for failing to appear in court for his trial, and admitted to a N500 million bail with two sureties in the like sum.
Bello, through his counsel, J.B. Daudu SAN, expressed regret for any perceived disrespect toward the court, saying: “My lord, I am apologizing on behalf of the defendant for any perceived disrespect toward the court in the past”.
Addressing the court, the defence counsel clarified that the defendant’s earlier actions were not intended as contempt.
“For the record, my lord, I wish to apologize 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,” he said
Continuing, he stressed that, “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.”
Bello is facing a 19-count charge bordering on criminal breach of trust and money laundering, contrary to Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011 (as amended).
One of the charges read: “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 (Eighty Billion, Two Hundred and Forty-Six Million, Four Hundred and Seventy Thousand and Eighty-Nine Naira, Eighty-Eight Kobo), 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. Bello pleaded not guilty to all charges.
Daudu sought bail for his client, applauding the understanding of the prosecution. “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 said.
Responding, Pinheiro praised the defence counsel’s professionalism. “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 apologized through his counsel.”
Justice Nwite, while delivering his ruling, emphasized his independence. “Neither party will guide me on what to do. However, given the assurances by J.B. Daudu SAN, I am inclined to grant bail. But for these assurances, my ruling might have been otherwise,” the judge stated.
The court granted Bello bail in the sum of ₦500 million, with two sureties in like sum. 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 an affidavit of means.
Until the bail conditions are met, Justice Nwite ordered that Bello be remanded at the Nigerian Correctional Centre, Kuje and adjourned the trial to February 24 and 28, as well as March 6 and 7, 2025, for continuation of trial.
Court admits ex-Gov. Yahaya Bello to N500m bail
A Federal High Court in Abuja, on Friday, admitted the immediate-past Governor of Kogi, Alhaji Yahaya Bello, to a N500 million bail with two sureties in the like sum.
Justice Emeka Nwite, in a ruling, ordered that the two sureties must be landed property owners within the jurisdiction the court. Justice Nwite ordered that the sureties must sworn to affidavit of means which must be verified by the court registrar.
The judge, who ordered the former governor to submit his international passport to the court, directed the sureties to equally submit two copies of their passport photographs each. He ordered the defendant to be remanded in Kuje Correctional Centre pending the perfection of his bail. Justice Nwite subsequently adjourned the matter until Feb. 24, Feb. 28, March 6 and March 7, 2025 for trial.
Bello pleaded not guilty to the 19-count charge brought against him by the EFCC. The ex-governor is facing an alleged money laundering trial to the tune of N80 billion.
When the case was called for hearing, on Friday, counsel for 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.
The lawyer to the former governor, Joseph Daudu, SAN, did not object and Justice Nwite, accordingly 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 would not have presented himself for arraignment. That episode is gone and things are clearer now,” he said.
While moving an application for bail, Daudu 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,” he added.
He commended the prosecution counsel, saying he had conducted himself on the best tradition because the matter was not a do-or-die one.
He said they had agreed that the counsel would not stress the court over the issue of bail. The Prosecution Counsel concurred. Responding, Pinheiro also thanked Daudu for his assurance.
He confirmed that both lawyers had had discussion on the issue of bail for the defendant.
“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 NBA. I also confirm 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 had delivered not less than five rulings in this matter and it is our aim to ease the work.
“We are prosecutors not persecutors. So EFCC is a professional commission; a prosecutorial and not persecutorial commission,” he said.
“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,” he said.
Pinheiro said though they had filed a counter-affidavit, they would not oppose the bail, going by the assurances of Daudu.
Ruling on the bail application, Justice Nwite said, “I have listened to the submissions of both counsels. It is not in dispute that both counsels have filed applications in respect of the bail application.”
He said the right of the defendant and the prosecution must be taken into account in granting bail.
The judge held that having not opposed the bail plea, he was minded to change his earlier stand on the matter.
The ex-governor was earlier, on Tuesday, remanded in Kuje Correctional Centre by an High Court in Abuja on a fresh N110 billion charge by EFCC, pending his bail application.