Justice Emeka Nwite of the Federal High Court, Abuja has refused a request by former governor of Kogi State, Yahaya Bello, to release his international passport to enable him travel for a foreign medical vacation.
The court refused the application because the medical report presented to it was not signed.
The Economic and Financial Crimes Commission (EFCC) had argued that the application abused the court process.
The defendant applied for the release of his travel document to travel to the United Kingdom (UK) for medical attention.
Bello’s lawyer, Joseph Daudu (SAN) had presented Exhibits A and B, which constituted an expert report on the applicant’s health status, saying that sufficient materials had been placed before the court to exercise its discretion in favour of the applicant.
The prosecution urged the court to dismiss the application, noting that the reliefs sought were similar and that the motion was technically incompetent as the sureties to the defendant were not informed.
Regarding suretyship, the court held that the matter before it was Yahaya Bello v. FRN, and not vs the sureties.
The judge further agreed with the defence counsel, ruling that the surety ought not to be included in the application.
“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 local or international law to back his argument.
“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 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 leave from the court. Hence, this instant application does not amount to abuse of the court process.
“It is also the fact that this court and the FCT High Court are courts of coordinate jurisdiction,” Justice Nwite stated.
The court, however, held that Exhibit B, which was the medical report provided by a doctor, was not signed by its maker, and as such, lacked any legal efficacy.
The court emphasised that an unsigned document carries no weight in law and is considered worthless.
In other words, Exhibit B is devoid of probative value and cannot be relied upon by the court, which the judge held.
“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 said.
The case was thereafter adjourned to October 7 and 10 and November 10 and 11, 2025, for continuation of trial.
