Alex Enumahin Abuja

Justice EmekaNwite of a Federal High Court, Abuja, on Monday, refused to grant the request by the immediate past governor of Kogi State, Yahaya Bello, for permission to travel abroad for medical attention.

Justice Nwite turned down the request on the grounds the medical report attached to the application for the release of his international passport, for the proposed foreign medical trip was not signed by its maker.

The former governor who is being prosecuted by the Economic and Financial Crimes Commission (EFCC), had in June filed an application, seeking the release of his travel document to enable him travel to the United Kingdom for medical attention.

After taking arguments from EFCC’s and Bello’s lawyers, the judge had fixed July 21, to rule whether the said documents should be released to enable the former governor travel abroad for his health needs.

Recall that the EFCC had urged the court to deny the grant of the application for being an abuse of court process amongst others.

But the court disagreed that the application was an abuse of court, faulting however, the attached medical report for the release of the travel documents.

The judge observed that counsel to the defendant argued the applicant was a known hypertensive patient for about 15 years.

The lawyer, Joseph Daudu, SAN, was also said to have presented Exhibits A and B, which constituted expert report on the health status of the applicant, saying that sufficient materials had been placed before the court to exercise its discretion in favour of the applicant.

Besides claim of alleged abuse, the prosecution had submitted that the reliefs sought were similar and that the motion was technically incompetent because the sureties to the defendant were not informed.

Justice Nwite in the ruling however, held that the matter before the court was Yahaya Bello v. FRN, and not vs the sureties, adding that the sureties 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 law, whether locally or internationally, 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 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,” 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 emphasized 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,” 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.

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