Lawyer to the EFCC, which is currently prosecuting former Governor Yahaya Bello off Kogi State, Kemi Pinheiro (SAN), opposed a bail sought for the former governor by his lawyer, Joseph Daudu, saying the bail condition for the former governor expired since October.
Recall that the former governor and his co-defendants on Wednesday, pleaded not guilty to the 16-count charge filed against them by the Economic and Financial Crimes Commission (EFCC).
The former governor, who is the 1st defendant, denied the allegations before Justice Maryann Anenih of Abuja High Court as the court registrar reeled out the counts.
After taking their plea, the defendant’s Counsel, Joseph Daudu, SAN, moved an application for the bail.
But the EFCC Lawyer, Kemi Pinheiro, SAN, opposed the bail plea, saying the application expired in October.
Making clarifications, the defendant’s counsel said that the only relevant application before the court was the motion for bail in respect of the 1st defendant (Bello), which was filed on Nov. 22.
Relying on all the paragraphs of the affidavit, he added that the bail application was also supported with a written address.
“Exhibit A, which is the public summons is very vital and the appearance of the defendant in court today, shows he has respect for the law,” he said.
The EFCC had earlier moved for trial to commence immediately and was ready to call its first witness.
But Daudu argued that they were served with the charge at 11 pm on Nov. 26 and that he would need time to prepare his client.
On the bail application, the senior lawyer submitted that a defendant, in line with the law, is innocent until proven guilty.
“It is within his rights to enjoy his liberty while preparing for trial.
“The prosecution’s objection is based on the fact that he is facing charges at the Federal High Court and has refused to appear to take his plea.
“The court should not use issues from another court to determine issues before the FCT High Court,” he said.
Pointing out some paragraphs in the counter affidavit, he said the prosecution raised issues that had to do with a matter at the Federal High Court.
“When the jurisdiction of the court is challenged, the defendant needs not to appear until the issues arising from the jurisdiction are resolved,” he said.
Pinheiro, however, disagreed with Daudu.
He argued that his preliminary objection was anchored on three grounds – competence of the application; factual content of the application; and application of judicial principles and guidance.
Omar Oricha and Abdulsalami Hudu had earlier been admitted to administrative bail by the EFCC.
