The Abuja Division of the Federal High Court on Monday declined to grant a bail application filed by Bauchi Finance Commissioner Yakubu Adamu and his co-defendants, who are facing an alleged $9.7 million terrorism financing.
Justice Emeka Nwite, in a ruling, held that the offences with which the defendants are charged threaten national security and public safety.
Mr Nwite held that terrorism-related offences threatened social order and that pre-trial release could endanger the public; hence, such bail cannot be granted.
The judge, however, made an order for an accelerated hearing of the matter.
“I am not unmindful of the constitutional provision of Section 36(5), which provides that every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty.
“But I must not hesitate to state that the said constitutional provision is not absolutely right. In the consideration of an application for bail, all factors have to be considered,” he said.
Citing a 2001 case involving Bamaiyi and the state, the judge said the apex court held that “It is proper to consider the nature of the offence, the nature of the evidence in support of it, and the severity of the punishment that conviction will entail.”
He said the court took these critical factors regarding the availability to stand trial into consideration; hence, “these are not matters that should be glossed over.”
Justice Nwite said, “I cannot say more than this erudite jurist. Our criminal justice system has its stipulations and safeguards for the prosecutor, the accused, and the victim.
“In the proper operation of that system, it can be said that it is in the interest of the society, and with those safeguards that if an application for bail pending trial, there is a good reason to believe or strongly agreed that the accused will not jump bail, thereby making himself available to stand his trial and /or will not interfere with witnesses, thereby constituting an obstacle in the way of justice, and the court will be acting within the undoubted discretion to grant bail.
“I have carefully considered the affidavit evidence available before me at this point in time. And I have also considered the proof of evidence, especially the statement of Dan Lawan Abdulmumuni and other prosecution witnesses, together with the grave threat to national security and public safety this case poses.
“And I have also taken cognisance that terrorism-related offences threatened social order and pre-trial release could endanger the public.
“In my view, the prosecution/respondent has succeeded in raising a reasonable presumption of criminal responsibility on the part of the applicants (Adamu and co-defendants).
“In view of the foregoing, I am of the humble view, and I so hold, that the interest of justice will be met by giving the matter an accelerated hearing. Consequently, the application is hereby refused,” the judge ruled.
Justice Nwite adjourned the matter until January 13 for the commencement of the trial.
Mr Adamu and his co-defendants were remanded in Kuje Correctional Centre following their arraignment on a 10-count charge on December 31, 2025, and the judge fixed today for ruling on their bail applications.
The commissioner, the first defendant, was arraigned alongside Balarabe Abdullahi Ilelah, Aminu Mohammed Bose, and Kabiru Yahaya Mohammed, the second to fourth defendants, respectively, all of whom are Bauchi State civil servants.
The defendants, however, pleaded not guilty to all the counts preferred against them by the anti-graft agency.
The charge, marked FHC/ABJ/CR/705/2025, was dated and filed on December 30 by EFCC’s lawyer, Samuel Chime.
(NAN)
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