An FCT high court sitting in Maitama has struck out the bail application filed by the former governor of Kogi State Yahaya Bello.
In a ruling Justice Maryanne Anenih held that the application filed by Mr Bello was premature and incompetent
She held that at the time the application for bail was filed Mr Bello had not be arrested or detained.
The jurisdiction of the court was invoked too early by the defendant
Mr Bello had filed an application for his bail on 22nd November but was arrested on 26th November and arraigned on 27th November
Bail application can only be filed when a defendant has been arrested or detained not before, this is inline with section 158 of the ACJA.
An application for bail can be made before arraignment provided the defendant has been arrested or detained.
On the bail application of the second defendant who is the director general of the Kogi State government house , the court held that he had already been granted administrative bail by the EFCC, it will be in the interest of justice to grant bail to the second defendant Umar Oricha.
Although Mr Oricha had filed his bail application on 25th November and arraigned on 27th November, the court held in view of section 158 of ACJA, he has fulfilled the conditions necessary for the court to exercise its discretion.
Having been arrested on 5th August by the EFCC, where he was interviewed and granted administrative bail he is entitled to bail.
Bail granted in N300million with two sureties each in like sum.
One surety must have a property in the Maitama district of Abuja worth the bail bond.
The second defendant will deposit his travel documents with the court and not travel outside the country with out the permission of the court.
The sureties must swear to an affidavit of means and deposit two passport photographs with the court.
The original title documents of the property will be deposited with the court after the court must have verified the said property.
The defendant is to remain in Kuje correctional center pending the perfection of his bail conditions.
