The Federal Capital Territory High Court, today refused to grant a bail application filed by the former governor of Kogi State, Yahaya Bello, saying it was filed prematurely.
Justice Maryann Anenih, while delivering the ruling, said that having been filed when the 1st defendant was neither in custody nor before the court, this instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
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, SAN, 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 “that says that an application can only be filed when it is ripe for hearing.”
While delivering her ruling, Justice Maryann Anenih said, “The instant application for bail showed that it was filed on November November. This shows that it was filed several days after the 1st defendant was taken into custody.”
Reading from the ACJA section, the judge said the provision provided that an application for bail 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 22 November but was taken into custody on 26 November and arraigned on 27 November.