Court denies Bauchi finance commissioner bail in ‘$9.7m terrorism financing’ trial

A Federal High Court sitting in Abuja has denied bail to Yakubu Adamu, the Bauchi State Commissioner for Finance, who is facing trial over alleged terrorism financing involving $9.7 million.

The court also declined bail applications filed by three other defendants charged alongside Adamu.

In a ruling delivered on Monday, Justice Emeka Nwite held that the offences before the court constitute a serious threat to national security and public safety. He said terrorism-related charges undermine social order and that granting bail at this stage could expose the public to danger.

While acknowledging the constitutional provision under Section 36(5) that presumes every accused person innocent until proven guilty, the judge stressed that the principle is not absolute when considering bail applications.

“I am not unmindful of the constitutional provision… but that provision is not absolute,” Nwite said, adding that courts must weigh several factors before granting bail.

Relying on the Supreme Court’s decision in Bamaiyi v. State (2001), the judge noted that courts are entitled to consider the nature of the offence, the strength of the evidence, and the severity of the punishment upon conviction, as well as the likelihood that defendants will appear for trial.

“These are critical considerations that should not be glossed over,” he said.

Justice Nwite explained that Nigeria’s criminal justice system provides safeguards for all parties involved the prosecution, the accused, and victim and that bail may only be granted where the court is satisfied that the accused will not abscond or interfere with witnesses.

The judge said he had carefully reviewed the affidavit and proof of evidence presented by the prosecution, including statements from Dan Lawan Abdulmumuni and other witnesses.

He concluded that the prosecution had raised a reasonable presumption of criminal responsibility against Adamu and the other defendants.

“I have taken cognisance of the fact that terrorism-related offences threaten social order and that pre-trial release could endanger the public,” Nwite said.

Consequently, the court refused the bail applications but ordered that the case be given accelerated hearing in the interest of justice.