The Federal High Court in Abuja, on Monday, rejected former Kogi State Governor Yahaya Bello’s request for the release of his passport to enable him to travel to the United Kingdom (UK) for medical care.
Trial judge Emeka Nwite, who oversees Mr Bello’s N80 billion money laundering trial, ruled that the former governor failed to present sufficient materials to justify his request.
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The ruling came just days after the FCT High Court in Abuja, where Mr Bello is also facing prosecution on N110 billion corruption charges, rejected the same application brought by the former governor.
The Economic and Financial Crimes Commission (EFCC), which is prosecuting Mr Bello in both courts, opposed the applications during the separate hearings. EFCC argued, among other grounds, that Mr Bello was flight risk, citing his attitude repeatedly snubbing a series of court summonses to appear for arraignment before he eventually surrendered months after.
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The passport was seized from him as part of the bail conditions granted him following his arraignment last year.
The News Agency of Nigeria (NAN) reports that the former governor had applied for the release of his travel document to enable him travel to the United Kingdom (UK) for medical attention.
Mr Bello’s counsel, Joseph Daudu, a Senior Advocate of Nigeria (SAN), had argued that the applicant was a known hypertensive patient for about 15 years.
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Mr Daudu submitted two exhibits, which he argued constituted an expert report on the health status of Mr Bello.
But EFCC’s prosecution team, led by Kemi Pinheiro, a SAN, argued that the application was an abuse of court process.
Mr Pinheiro urged the court to dismiss MrBello’s application, arguing that the prayers were similar to the application before FCT High Court, and that the motion was technically incompetent as the sureties to the defendant were not informed.
Ruling on Monday, Mr Nwite held that Exhibit B, which was the medical report credited to a doctor as the maker, was not signed, and as such, lacked any legal efficacy.
He emphasised that an unsigned document carried 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 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,” Mr Nwite ruled.
Although the judge ultimately ruled against Mr Bello, he agreed with the defence team that the application was not an abuse of court process as suggested by the EFCC.
On the issue of suretyship, the judge held that the matter before the court was Federal Republic of Nigeria vs. Yahaya Bello, and not versus the sureties.
The judge therefore aligned with Mr Daudu’s argument 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 High Court and it is not in dispute that the applicant was granted bail in this court on 13 December 2024 and at FCT High Court on 19 December 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,” the judge stated.
The judge fixed 7 and 10 October, as well as 10 and 11 November for continuation of trial.
Earlier rejection
The FCT High Court in Abuja, where Mr Bello is being prosecuted on N110 billion fraud charges, rejected on Thursday, Mr Bello’s foreign trip application.
Rejecting the application, the judge, Maryanne Anenih, ruled that Mr Bello’s passport was not in the court’s custody.
She said the court could not give what it did not have, “therefore the application is void, not just premature but preemptive.”
“There is nothing to indicate that his international passport is before this court. It is not before this court nor the registrar of the court,” she ruled.
Ms Anenih also noted that the court could have considered the submissions of the lawyers if the passport had been before the FCT High Court. She held that the application was rendered incompetent by the passport not being in the court’s possession.
The judge said that the application submitted by Mr Bello was misleading in its assumption that his passport was before the FCT High Court.
She noted that it was needless to issue an order for the release of the passport since Mr Bello swore to an affidavit confirming that the passport was submitted at the Federal High Court as part of his bail conditions in the separate trial.
“The simple logic is that the passport cannot be with two different courts at the same time,” Mrs Anenih said.
“Since the defendant admitted depositing same with the Federal High Court, there is no reason making any order here in regard to the application. Courts do not make orders in vain.”
This is not Mr Bello’s first time receiving an unfavourable ruling since his arraignment before the court in November last year.
In December 2024, about two weeks after his arraignment, Ms Anenih initially rejected Mr Bello’s bail application and remanded him in the Kuje Correctional Centre in Abuja.
However, the court granted bail to Mr Bello’s co-defendants – Umar Oricha and Abdulsalam Hudu.
She held in her ruling that Mr Bello’s bail application was incompetent having been filed as of when he was neither in custody nor his case before the court.
While Mr Bello’s bail application was filed on 22 November, he was only arrested by the EFCC on 26 November and arraigned before the court on 27 November.
The EFCC only successfully arraigned him after failed attempts to arrest him, and a series of snubbed court summonses issued for his appearance in both the Federal High Court and the FCT High Court.
About nine days after her initial rejection ruling, trial judge Anenih granted the new bail application filed by Mr Bello.
Earlier this month, the Federal High Court in Abuja granted permission to Ali Bello, the accused nephew of Mr Bello to travel abroad for medical reasons.
READ ALSO: Court orders temporal forfeiture of N1bn allegedly diverted by Ebonyi official
Mr Bello, who is the Chief of Staff to the incumbent Kogi State Governor Usman Ododo, has been facing prosecution before the court since 2022 on N3 billion fraud charges. The charges stemmed from his activities during the former Governor Bello’s administration.
Judge Obiora Egwuatu granted foreign trip permission to both Ali Bello, the first defendant, and Yakubu Adabenege, the third defendant. But while Mr Bello was granted permission to travel to the United Kingdom for medical reasons, Mr Adabenege got the court’s approval to travel for religious purposes. Mr Adabenege had sought the court’s permission to travel for Hajj in Saudi Arabia between 28 July and 27 August.
(NAN)
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