The Federal High Court in Abuja on Monday declined a request by former Kogi State Governor Yahaya Bello for the release of his international passport to enable him to travel abroad for medical treatment.
Ruling on the application, Justice Emeka Nwite held that the medical report submitted by Bello in support of his request was not signed by its purported author and therefore lacked legal validity.
Bello, who is facing trial for alleged money laundering instituted by the Economic and Financial Crimes Commission (EFCC), had asked the court to allow him to travel to the United Kingdom for medical care. His counsel, Joseph Daudu, SAN, argued that Bello has been a known hypertensive patient for over 15 years and presented medical documents—Exhibits A and B to back the request.
Daudu submitted that the materials before the court were sufficient for the court to exercise its discretion in favour of the defendant.
However, lead prosecuting counsel Kemi Pinheiro, SAN, urged the court to dismiss the application, arguing that it constituted an abuse of court process since a similar request had already been filed before the FCT High Court. He also faulted the procedure, saying the sureties to the defendant were not informed.
Justice Nwite disagreed with the prosecution’s arguments on abuse of process. He ruled that the application was not an abuse, noting that the Federal High Court and the FCT High Court were courts of coordinate jurisdiction, and that the former governor had complied with the bail terms granted by both courts in December 2024.
The judge also held that the application did not require notice to sureties, as the matter before the court was between the Federal Republic of Nigeria and Yahaya Bello, not the sureties.
Nevertheless, Justice Nwite rejected the application on the grounds that the submitted medical report, Exhibit B, was unsigned and thus inadmissible.
“In other words, Exhibit B is devoid of probative value and cannot be relied upon by the court,” the judge said. “The defendant has failed to place sufficient material before this court for his passport to be released for him to travel. Consequently, this application is hereby refused.”
Justice Nwite subsequently adjourned the matter to October 7, October 10, November 10, and November 11 for continuation of trial.
