On Monday, the Abuja Division of the Federal High Court rejected former Governor Yahaya Bello’s plea to have his passport returned for medical treatment abroad, citing the submission of an unsigned medical report.
Justice Emeka Nwite deemed the medical documentation presented by Mr Bello as invalid due to its lack of a signature. However, he dismissed the Economic and Financial Crimes Commission’s assertion that the application constituted an abuse of court proceedings.
Mr Bello sought the release of his passport in order to travel to the UK for treatment of his longstanding hypertension. His lawyer, Joseph Daudu, contended that Mr Bello had been a hypertensive patient for approximately 15 years and presented two expert health reports to support his case. Daudu argued that sufficient evidence had been submitted to warrant the court’s favourable discretion.
Conversely, the prosecution, represented by Kemi Pinheiro, argued that the request was an abuse of process, urging the court to reject the application on the grounds that it mirrored a pending application before the FCT High Court and lacked technical validity as the sureties had not been informed.
On the matter of sureties, the judge clarified that the case at hand involved the federal government and the former Kogi governor, not the sureties. He concurred with Daudu’s assertion that the sureties should not be considered in this context.
“The complainant’s counsel did not reference any legal provision requiring notice to the sureties in this motion,” the judge remarked. He further addressed the claims of abuse of process, stating that while the applicant is indeed facing trial in both this court and the FCT High Court, the FCT High Court has stipulated that Mr Bello must seek the court’s leave.
The judge concluded that the unsigned medical report lacked legal standing and was ineffective. He stated, “Exhibit B is without probative value and cannot be depended upon by the court. Consequently, the application for passport release is denied.” The proceedings have been adjourned until October 7, October 10, November 10, and November 11 for trial continuation.
