The Federal High Court in Abuja has declined to grant bail to the Bauchi State Commissioner for Finance, Yakubu Adamu, and three other defendants standing trial over alleged terrorism financing amounting to $9.7 million.
Ruling on Monday, January 5, Justice Emeka Nwite said the allegations before the court raised serious concerns for national security and public safety, making the defendants unsuitable for bail at this stage.
According to the judge, offences linked to terrorism threaten the country’s social order, adding that granting bail before trial could place the public at risk. He, however, ordered that the matter be given accelerated hearing.
Justice Nwite acknowledged the constitutional presumption of innocence but stressed that it was not absolute when courts consider bail applications.
“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,” Justice Nwite said.
The judge relied on the Supreme Court’s decision in Bamaiyi v. The State (2001), which allows courts to examine the nature of the offence, the evidence supporting it, and the severity of the punishment upon conviction.
He said these considerations were central to the court’s decision, including the likelihood that the defendants would be available for trial.
“These are not matters that should be glossed over,” he said.
Justice Nwite further stated, “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 in an application for bail pending trial there is good reason to believe or strongly agree that the accused will not jump bail, thereby making himself available to stand trial, and/or will not interfere with witnesses thereby constituting an obstacle in the way of justice, the court will be acting within its undoubted discretion to grant bail.
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“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 cognizance that terrorism-related offences threaten social order and that pre-trial release could endanger the public,” the judge said.
Justice Nwite said the prosecution had succeeded in establishing a reasonable presumption of criminal responsibility against the defendants.
“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 accelerated hearing. Consequently, the application is hereby refused,” he added.
The judge adjourned the case to January 13 for the commencement of trial.
Adamu and his co-defendants, Balarabe Abdullahi Ilelah, Aminu Mohammed Bose, and Kabiru Yahaya Mohammed, were earlier remanded at the Kuje Correctional Centre after their arraignment on December 31, 2025, by the Economic and Financial Crimes Commission on a 10-count charge. The court had fixed January 5 for the ruling on their bail applications.
All the defendants pleaded not guilty to the charges.
In the first count, Adamu, Sirajo Jaja, described as the then Accountant General of Bauchi State and now at large, Samaila Irmiya Liman, also now at large, alongside Ilelah, Bose and Mohammed, were accused of committing the offence between January and May 2024.
They were alleged to have conspired to provide cash totalling $2,300,000 for the benefit of Bello Bodejo and persons associated with him, based on approvals granted by Bauchi State Governor, Bala Mohammed.