Some supporters of Alhaji Yahaya Adoza Bello, former governor of Kogi state who is facing graft charges, felt their leader was going home with them this Tuesday, the day Justice Maryanne Anenih, the trial judge had fixed to read her ruling on the bail application of the governor. They were wrong.

The Federal Capital Territory (FCT) High Court presided over by Justice Anenih declined the bail application filed by Alhaji Bello, former governor of Kogi state, thus prolonging his stay away from home. Justice Anenih, the trial judge, ruled that Bello’s bail application was filed prematurely — before the ex-governor was taken into custody.

On 27 November 2024, Alhaji Bello and his co-defendants — Alhaji Umar Shoaib Oricha and Alhaji Abdulsalami Hudu — were arraigned before the FCT high court on a 16-count charge bordering on alleged money laundering. The former governor pleaded not guilty to all the charges and his counsel moved an application for his bail.

Delivering her ruling on the application, Justice Anenih said the provisions of the Administration of Criminal Justice Act (ACJA) 2015 provide that bail applications could be tendered when a defendant has been arrested, detained, arraigned, or brought before the court.

“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 first defendant was taken into custody,” the judge ruled.

The former governor was arrested by the Economic and Financial Crimes Commission (EFCC) on 26 November 2024 and arraigned on 27 November 2024, the next day. Alhaji Bello and two former officials of the Kogi State government – Alhaji Abdulsalami Hudu and Alhaji Umar Oricha – were alleged to have conspired to use state government funds to acquire properties in high-brow areas within the FCT and Dubai, United Arab Emirates, worth N110.4 billion.

However, his bail application was filed on 22 November — four days before his arrest. On 27 November 2024 when he was arraigned, his counsel, Mr. Joseph Daudu, Senior Advocate of Nigeria (SAN) asked the court to grant the former governor’s bail request on the basis of self-recognition, promising that his client would not jump bail.