JusticeEmeka Nwite of the Federal High Court, Abuja, on Monday, refused the application of former Kogi State Governor, Yahaya Bello, seeking the release of his international passport to enable him to travel abroad for medical treatment.
In his ruling, the judge held that the medical report attached to Bello’s application was not signed by its author. He, however, clarified that contrary to the prosecution’s submission, the application did not constitute a court process.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Bello over alleged money laundering involving N80.2 billion.
Arguing the application for the release of his passport, Bello’s counsel, Chief Joseph Daudu (SAN), presented an expert report on his client’s medical condition, marked as Exhibits A and B. He told the court that the defendant has been a known hypertensive patient for about 15 years and that sufficient materials had been presented to support the application.
However, the prosecution opposed the request, describing it as an abuse of court process. The EFCC urged the court to dismiss the application, stating that the prayers were repetitive and technically incompetent, as the sureties were not notified.
On the issue of suretyship, Justice Nwite held that the case before the court was Yahaya Bello v. Federal Republic of Nigeria, not one involving the sureties.
“The counsel to the complainant did not cite any section of the law that mandates that sureties be given notice or made parties to a motion on notice in support of their argument,” he said.
Regarding the allegation of abuse of court process, the judge noted:
“It is the argument of the complainant that the instant application is incompetent and amounts to an abuse of court process. It is not in dispute that the applicant is standing trial before this court and the FCT High Court. It is also not in dispute that the applicant was granted bail by this court on December 13, 2024, and by the FCT High Court on December 19, 2024.
“The FCT High Court, in its ruling, stated that the applicant must seek the leave of the court. Hence, this instant application does not amount to an abuse of court process. It is also a fact that this court and the FCT High Court are courts of coordinate jurisdiction.”
The court further ruled that Exhibit B, which was the medical report presented, was not signed by its maker and, therefore, lacked any legal weight.
“An unsigned document carries no weight in law and is considered worthless,” the judge ruled.
The case was adjourned to October 7 and November 10 for continuation.