Court declines Yahaya Bello’s travel request, says medical report not signed

The Federal High Court in Abuja on Monday rejected the application of former Kogi Governor Yahaya Bello seeking the release of his international passport to enable him to travel abroad and receive medical treatment.

Justice Emeka Nwite, in ruling at the resumed hearing of the alleged money laundering case filed against Bello by the EFCC, held that the medical report attached to the application was not signed by the author.

However, Justice Nwite held that, contrary to the argument put forward by the anti-graft agency, the application did not constitute an abuse of judicial process. The News Agency of Nigeria (NAN) reports that the former governor had requested the release of his travel document so that he could travel to the United Kingdom for medical treatment.

Bello's counsel, Joseph Daudu, SAN, argued that the applicant was a known hypertensive patient for approximately 15 years. Daudu argued that two exhibits, Exhibits A and B, constituting an expert report on former Governor Bello's health, had been submitted to the court.

He asserted that sufficient documents had been submitted to the court to exercise its discretion in favor of the plaintiff.

However, the prosecution, led by Kemi Pinheiro, SAN, argued that the application constituted an abuse of the court's process.

Pinheiro had urged the court to dismiss Bello's application, arguing that the relief sought was similar to that filed before the FCT High Court and that the motion was technically incompetent since the defendant's sureties were not informed.

Regarding the issue of bail, Justice Nwite held that the matter before the court was Federal Republic of Nigeria v. Yahaya Bello, and not the sureties. Therefore, the judge agreed with Daudu's argument that the sureties should not be included in the application. The plaintiff's counsel did not cite any section of law that provides that the sureties must be served or made parties to the motion upon notice.

The counsel did not cite any law, either local or international, to support his argument.

Regarding abuse of judicial process, the plaintiff argues that this application is incompetent and constitutes an abuse of judicial process.

It is undisputed that the plaintiff is being tried before this court and the FCT High Court, and it is undisputed that he was granted bail in this court on December 13, 2024, and in the FCT High Court on December 19, 2024. The FCT High Court, in its judgment, determined that the plaintiff should seek leave from the court.

Therefore, this present application does not constitute an abuse of judicial process.

It is also a fact that this court and the FCT High Court are courts of coordinate jurisdiction, the judge stated.

 However, Justice Nwite held that Exhibit B, which was the medical report provided by a doctor, was not signed by its author and therefore lacked legal validity.

He emphasized that an unsigned document lacks legal validity and is considered invalid. "In other words, Exhibit B lacks evidentiary value and the court cannot rely on it.

The accused has not submitted sufficient documentation to this court to be issued with his passport and to travel.

Accordingly, this application is denied," Justice Nwite ruled.

The judge subsequently adjourned the matter to October 7, 10, 11, and 12 for the continuation of the trial. (NAN)