Justice Maryann Anennih of the Federal Capital Territory (FCT) High Court on Tuesday morning rejected the bail application of the embattled former governor of Kogi State, Yahaya Bello.
The judge said that as at Nov 22 when the application was filed the 1st defendant was not in custody. Not being in custody the condition to file the application had not arisen.
“Bail is a challenge to detention. Why was the application filed when the 1st Defendant was not in custody?, she asked.
She said further that the implication of this is that the jurisdiction of the court was invoked too early.
“Having been filed when the circumstances were not present the instant application was prematurely filed. The court agrees with the prosecution that the motion was incompetent. The motion for bail filed by the 1st defendant is accordingly struck out”, she ruled.
The Economic and Financial Crime Commission (EFCC) counsel Dr Kemi Pinheiro SAN had vehemently countered the bail application on the antics of the former governor who has been running from pillar to post.
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