The Federal High Court in Abuja on Monday, July 21, declined a request by former Kogi State Governor Yahaya Bello for the release of his international passport to enable him travel abroad for medical treatment.

Justice Emeka Nwite, delivering a ruling during the resumed hearing of the alleged money laundering case brought against Bello by the Economic and Financial Crimes Commission (EFCC), held that the medical report presented in support of the application was not signed by its author.

The court, however, disagreed with the EFCC’s position that the application constituted an abuse of court process. “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,” Justice Nwite said.

Bello, through his counsel Joseph Daudu, SAN, had applied for the temporary release of his passport to travel to the United Kingdom for medical care, citing a 15-year history of hypertension. Daudu argued that Exhibits A and B, submitted to the court, provided expert insight into Bello’s health condition and were sufficient to warrant a favourable ruling.

But the prosecution, led by Kemi Pinheiro, SAN, opposed the motion, describing it as an abuse of court process. Pinheiro contended that similar reliefs had already been sought before the FCT High Court and that the current motion was procedurally defective as the sureties to the defendant had not been informed.

Justice Nwite dismissed this line of argument, stating: “On the abuse of process of court, it is the argument of the complainant that the instant application is incompetent and amounts to abuse of court process. It is not in dispute that the applicant is standing trial before this court and FCT High Court and it is not in dispute that the applicant was granted bail in this court on Dec. 13, 2024, and at FCT High Court on Dec. 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. It is also the fact that this court and the FCT High Court are courts of coordinate jurisdiction.”

On the core issue of the medical report, Justice Nwite found that Exhibit B lacked legal standing. “Exhibit B, which is the medical report provided by a doctor, was not signed by its maker, and as such, lacked any legal efficacy. In other words, Exhibit B is devoid of probative value and cannot be relied upon by the court. 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.”

The case was adjourned to October 7, October 10, November 10, and November 11 for continuation of trial.