Justice Emeka Nwite of the Federal High Court in Abuja, on Monday, refused Yakubu Adamu, Commissioner of Finance, Bauchi State, and his co-defendants bail.
They are facing alleged 9.7 million dollars’ terrorism financing.
Justice Nwite said the allegations of terrorism related offences threatened national security and social order and pre-trial release could endanger the public, hence, such bail cannot be granted.
The judge, however, made an order for 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 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 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 which conviction will entail.”
He said the court took these critical factors as to 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, the court will be acting within the undoubted discretion to grant bail.
“I have carefully considered the affidavit evidence available before me in 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 grave threat to national security and public safety this case pose.
“And I have also taking cognizance 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 interest of justice will be met by giving the matter accelerated hearing.
“Consequently, the application is hereby refused,” the judge ruled.
Justice Nwite adjourned the matter until Jan. 13 for commencement of trial.
Adamu and his co-defendants were remanded in Kuje Correctional Centre following their arraignment on a 10-count charge on Dec. 31, 2025, and the judge fixed today for ruling on their bail applications.
Adamu was arraigned alongside Balarabe Abdullahi Ilelah, Aminu Mohammed Bose and Kabiru Yahaya Mohammed, who are 2nd to 4th defendants respectively and 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 Dec. 30 by EFCC’s lawyer, Samuel Chime.
In count one, Adamu, Sirajo Jaja (while being Accountant-General of Bauchi State, now at large}, Samaila Irmiya Liman (now at large}, Balarabe Ilelah, Aminu Bose and Kabiru Mohammed (all being civil servants and signatories to Bauchi State Government’s accounts and/or payment instruments) were alleged to have committed the offence sometime between Jan. 2024 and May 2024.
They were alleged to have conspired to provide funds in the aggregate sum of 2,300,000.000 U.S. dollars in cash for the benefit of Bello Bodejo and persons associated with him, pursuant to approvals granted by Gov. Bala Mohammed of Bauchi State.
The said funds were alleged to be used, in whole or in part, to finance a terrorist or terrorist group.
The offence is contrary to Section 26(1) and punishable under Section 21(2)(a) of the Terrorism (Prevention and Prohibition) Act, 2022.
In count three, Adamu, Jaja (now at large), Liman (now at large), Ilelah, Bose, Mohammed (all being civil servants and signatories to Bauchi State Government’s accounts and/or payment instruments) were alleged to have, sometime between Jan. 2024 and May 2024, committed the offence.
They were accused of being involved in an arrangement which resulted in the sum of about 500,000.00 U.S. dollars being delivered in cash to Bello Bodejo and persons associated with him for the purpose of terrorism and for the benefit of a proscribed terrorist group pursuant to approvals granted by Gov. Bala Mohammed.
The offence is contrary to Section 21(3)(b) and punishable under Section 21(4)(a) of the Terrorism (Prevention and Prohibition) Act, 2022.
The prosecution said this was pursuant to approvals granted by Gov. Mohammed, having reasonable grounds to know that the said funds formed part of proceeds of an unlawful act.
The offence is contrary to Section 21(a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
The offence, the prosecution also said, is contrary to Section 21(a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022, among other counts.
Alhaji Bello Bodejo is the President, the Miyettti Allah Kautal Hore.
Adamu, the 1st defendant, alongside a firm, Ayab Agro Products and Freight Company Ltd, is also facing another money laundering charge involving N4.6 billion before Justice Nwite.
He was, however, granted a N500 million bail with two sureties who must be owners of property within Maitama, Asokoro or Gwarimpa on Friday.
In the six-count charge, Adamu was alleged to have committed the offence while acting as the Branch Manager of Polaris Bank Ltd, Bauchi, sometime between June 2023 to December 2023
The defendants, alongside others, were alleged to have facilitated and agreed to the conversion, concealment and use of funds in the sum of about N4,650,000,000.00 availed by Polaris Bank under the guise of financing the supply of motorcycles to Bauchi State Government through Emmanuel Asomugha General Enterprises.
However, they were alleged not to have supplied the motorcycles.
