A Federal High Court sitting in Abuja has declined the application by former Kogi State Governor, Yahaya Bello, seeking the release of his international passport to enable him travel to the United Kingdom for medical treatment.
Justice Emeka Nwite, in a ruling delivered on Monday, held that the medical report attached to the application lacked evidential value, as it was not signed by the doctor who purportedly issued it.
“In other words, Exhibit B is devoid of probative value and cannot be relied upon by the court,” Justice Nwite said.
He stated that unsigned documents carry no weight in law and cannot be acted upon by the court.
“The defendant has failed to place sufficient materials before this court for his passport to be released for him to travel. Consequently, this application is hereby refused,” the judge ruled.
In a meantime, the judge disagreed with the prosecution’s argument that the application amounted to abuse of court process, he ruled solely on the merit of the medical report presented by the defence.
Bello, through his lawyer, Joseph Daudu (SAN), had pleaded with the court to release his passport, stating that he had been battling hypertension for over 15 years and required urgent medical attention abroad.
On the prosecution’s claim that Bello’s sureties were not part of the application process, Justice Nwite dismissed the argument, stating there was no legal requirement to involve them.
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“The counsel to the complainant did not cite any section of the law that says sureties should be given notice or made a party in the motion on notice. The counsel did not cite any law, whether locally or internationally, to back his argument,” he said.
Meanwhile, the judge added that the matter did not constitute abuse, as both the FCT High Court and the Federal High Court were courts of coordinate jurisdiction.
“It is not in dispute that the applicant is standing trial before this court and FCT court, and it is not in dispute that the applicant was granted bail in this court on December 13, 2024 and at FCT High Court on December 19, 2024.
“The FCT High Court, in its ruling, said that the applicant must seek the leave of the court. Hence, this instant application does not amount to abuse of court process,” he said.
The judge then adjourned the matter to October 7 for continuation of trial.
Bello is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on charges bordering on money laundering to the tune of ₦80,246,470,088.88, allegedly belonging to Kogi State, in a case marked: FHC/ABJ/CR/98/2024.
