Justice Maryann Anenih of the Federal Capital Territory High Court has refused to grant a bail application filed by the former governor of Kogi State, Yahaya Bello, saying it was filed prematurely.

Delivering the ruling, Justice Anenih, said having been filed when he was neither in custody nor before the court, the instant application was incompetent.

The former governor is standing trial, along with two others, in an alleged N110bn money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

In the arguments before the court on the bail application, the judge had said, “Before the court is a motion on notice, dated and filed on 22nd November. The 1st defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.

“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”

She said the defendant’s counsel JB Daudu (SAN) had told the court that he had submitted sufficient facts to grant the bail.

He urged the court to exercise its discretion judicially and judiciously to grant the bail.

In opposing, the prosecution counsel Kemi Pinheiro had argued that the instant application was grossly incompetent, having been filed before arraignment.

He said it ought to be filed after arraignment but the 1st defendant’s counsel disagreed, saying there was no authority.

While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on the 22nd of November. This shows that it was filed several days before the 1st defendant was taken into custody.”

Reading from the ACJa section, the judge said the provision provided that a bail application could be made when a defendant had been arrested, detained, arraigned, or brought before the court.

Bello had filed an application for his bail on 22nd November but was taken into custody on 26th November and arraigned on 27th November.

The court, however, granted N300 million bail to the second defendant Umar Oricha, with two sureties who must own  property in Maitama valued at not less than the bond sum, and must deposit the original title of the property before the court.

The court also ordered the sureties to depose to an affidavit of means and deposit their passport photographs.

The court ruled that Oricha should  deposit his travel documents and be remanded in prison custody pending the fulfillment of the bail conditions.