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Was Yahaya Bello Actually Jailed As Peddled By Senator Dino Melaiye And Other Nigerians?
By Ozumi Abdul
In recent days, a flurry of misinformation enveloped the social media spaces about he legal case of former Kogi State governor, Yahaya Adoza Bello, especially regarding his current detention at the Kuje Correctional Centre.
Amidst this confusion and misinfoy, some Nigerians, including a former Senator, Dino Melaye, have erroneously or mischievously spread the narrative that Yahaya Bello has been “sent to jail” by the court.
However, as the law requires, there is a fundamental distinction between a judge sending people to jail and remanding them for further legal proceedings. This legal principle deserves attention, especially in light of Justice Maryann Anenih’s decision regarding Bello’s bail application.
On December 10, 2024, the Federal Capital Territory High Court, sitting under Justice Maryann Anenih, made a pivotal ruling regarding the bail application of Yahaya Bello.
The crux of the matter was that the bail application filed on behalf of Bello was deemed premature. The court emphasized that the application was incompetent, as it was filed before Bello had been brought before the court or was in lawful custody. Justice Anenih consequently ordered that Bello be remanded in the Kuje Correctional Centre until the next hearing on January 2025.
It’s important to note that this decision was not a sentence, nor a judgment of guilt. Rather, the court’s action was simply procedural: remanding Bello in custody until his bail application could be properly considered.
Remand, as the law defines it, is different from imprisonment. While the former refers to the detention of a suspect pending the completion of certain judicial processes, the latter involves a sentence following a conviction in a criminal trial.
This distinction between remand and imprisonment is clearly articulated within the Nigerian legal framework, specifically under the Nigerian Constitution and the Administration of Criminal Justice Act (ACJA), 2015.
Remand refers to the temporary detention of an individual while awaiting trial or the hearing of a particular application.
It occurs before the individual is formally convicted or sentenced. Remand serves to ensure the suspect’s availability for court proceedings or to prevent interference with investigations. It is not an indication of guilt but rather a procedural necessity.
Imprisonment, on the other hand, follows a legal conviction in which an individual is found guilty of a crime and sentenced to serve time in prison. Imprisonment is the final consequence of a legal trial, and only after a judgment is passed.
Section 36(5) of the Nigerian Constitution makes it clear that an accused person is presumed innocent until proven guilty. Therefore, remand does not equate to a determination of guilt. It is a temporary measure pending further judicial review.
The Administration of Criminal Justice Act (ACJA), 2015, specifically outlines procedures related to remand. Section 293 of the ACJA allows for the remand of an accused person in custody, but only after certain procedures are followed. This is often done for suspects who have been arrested but have not yet been tried in a court of law.
The law clearly separates this from a prison sentence, which can only be meted out following a conviction under due process.
In the case of Yahaya Bello, as Justice Anenih noted, the issue at hand was not one of guilt or the final punishment but the premature filing of a bail application. The decision to remand him was strictly a procedural one, pending the hearing of the bail application.
Despite the clarity of the legal process, misinformation has been rampant, particularly from figures like Dino Melaye, a former Senator representing Kogi Central Senatorial District. Melaye, notorious for his theatrics and controversial actions in the past, has been one of the loudest voices spreading the notion that Yahaya Bello has been “sent to jail.” This narrative, although false, has gained traction among those less familiar with the nuances of the law.
For context, Dino Melaye’s political career has been punctuated with controversial incidents, often overshadowing his legislative duties when he was a legislator, both at lower and upper chambers of legislature. He has previously been involved in spectacles such as jumping out of a security van in a bid to evade arrest, an action that nearly resulted in his injury.
Also, during his time as a senator, Melaye was widely criticized for making inappropriate remarks, including a threat to impregnate fellow Senator Remi Tinubu, who is now Nigeria’s First Lady.
His repeated actions of sensationalism and disruption, both in the Senate and beyond, have led some to view his public statements with skepticism. Unfortunately, his current misleading comments about the nature of Bello’s detention only serve to confuse the public further.
The spread of misinformation, particularly by individuals in public office or who had held public office, can be detrimental to the legal process and the public’s understanding of their rights. While every citizen has the right to express an opinion, it is crucial that such opinions are based on accurate information, especially when it concerns the judiciary and the principle of justice.
Yahaya Bello’s case is still pending, and he has not yet been convicted of any crime. The public must understand that he is currently in custody due to the procedural need for his bail application to be properly heard. His remand is not an indication of his guilt, and any insinuation otherwise is both legally inaccurate and potentially harmful to the integrity of the judicial process.
Thus, the difference between remand and imprisonment is not just academic; it is a fundamental part of ensuring justice is served in an orderly and transparent manner.
Those who, for whatever reason, choose to mislead the public on such matters, including Dino Melaye, should bury his face in shame, and even be held accountable for distorting the truth.
Meanwhile, we the adherents of the fourth estate of the realm must continue to educate the public, promoting a better understanding of the judicial process, and discourage Senator Dino Melaiye and his co-travelers of misinformation from misinforming unsuspecting public.
Ozumi Abdul is a journalist, writer, columnist and PR consultant. He can be reached via abdulozumi83@gmail.com
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