Faud: Court grants Ali Bello, three others bail, dismisses EFCC’s affidavit

Justice Obiora Egwuatu of the Federal High Court Abuja on Monday, February 20, granted Ali Bello and three others bail in an alleged N3bn fraud suit filed against them by the Economic and Financial Crimes Commission. 

Ruling against a counter-affidavit by the EFCC counsel opposing the bail request, the judge held that the charges against the defendants were bailable and would enable the “defendants prepare adequately for their trial.”

Bello was on February 8, 2023, arraigned alongside Abba Adauda, Yakubu Adabenege and Iyadai Sadat, on 18 counts before Justice Egwuatu. 

Following their not guilty plea, Justice Egwuatu, had adjourned till February 13 for hearing in their bail application. 

However, delivering ruling in the applications, Justice Egwuatu held that he was inclined to admit the defendants to bail and ruled that the bail was granted in the sum of N500m each, with two sureties each in like sum.

He added that the sureties should be resident in Abuja, with identiable address and own landed property worth N500m within the jurisdiction of the court.

The judge also stated that the original title documents to the said property must be deposited with the Registrar of the court, as well as evidence of tax payment for three years running from 2020 to 2022. 

Besides the judge held that the defendants should deposit their passport with the court and could only travel after due permission from the court. 

The judge subsequently adjourned the matter till April 16 for commencement of trial.

This is contrary to an earlier press statement from EFCC, which indicated that trial had started in the case. 

Recall that a senior advocate, Mr Ahmed Raji, SAN, who had argued the bail applications of the four defendants observed that the offences brought against his clients were ordinarily bail-able and as such should be considered and granted. 

He also stated that bail was at the discretion of the court and that the court should use its discretion in favour of the defendants. 

Raji submitted that the EFCC had been investigating the defendants in the past one year without any interference from the defendants. 

Raji argued that EFCC granted one of the defendants permission to travel to Saudi Arabia, adding that the defendant kept faith by returning to Nigeria and surrendered his traveling passport to the commission. 

He dismissed the allegations by EFCC that the defendants were flight risk and would tamper with witnesses if granted bail, adding that apart from being mere allegations, the anti-graft agency did not support the claim with any evidence. 

Responding, counsel for the EFCC, Mr M. K. Husseini, had opposed the request, claiming that if admitted to bail the defendants would tamper with evidence as well as interfere with witnesses. 

One of the charges accused the defendants of procuring, “E- Traders International Limited to retain the aggregate sum of N3,081,804,654.00 which sum you reasonably ought to have known forms part of proceeds of unlawful activity to wit: criminal misappropriation, and you thereby committed an offence contrary to sections 18(a), 15(20)(d) of the Money Laundering Prohibition Act, 2011 as amended and punishable under section 15 (3) of the same Act. 

Another count also said the defendants procured “E-Traders International Limited to transfer the aggregate sum of $570,330 to account number no; 426-6644272 domiciled in TD Bank, United States of America, which sum you reasonably ought to have known forms part of proceeds of unlawful activity to with: criminal misappropriation, and you thereby committed an offence contrary to section 15(2)(d) of the Money Laundering Prohibition Act, 2011 as amended and punishable under section 15 (3) of the same Act.”