The Federal High Court’s Abuja Division has turned down former Governor Yahaya Bello’s request to retrieve his passport for medical treatment abroad, following the submission of an unsigned medical report.
Justice Emeka Nwite ruled that Mr Bello’s medical documentation was invalid due to its lack of a signature, while dismissing the Economic and Financial Crimes Commission’s claims that the application represented an abuse of court procedure.
Mr Bello sought to travel to the UK for treatment of his chronic hypertension. His counsel, Joseph Daudu, argued that Bello had been diagnosed with hypertension for over 15 years and presented two expert reports to substantiate his health claims, asserting that adequate evidence had been provided for the court to exercise its discretion positively.
In opposition, the prosecution led by Kemi Pinheiro contended that the application was an abuse of process, asserting that it closely resembled another pending application before the FCT High Court, and argued that the sureties involved had not been notified, rendering the application technically flawed.
Justice Nwite clarified that the case was between the federal government and the former Kogi governor, rather than with the sureties. He agreed with Daudu’s perspective that the sureties should not be involved in this matter.
“The complainant’s counsel did not cite any legal statute requiring sureties to be notified in this application,” the judge stated. He also addressed the issue of process abuse, noting that while Mr Bello is on trial in both this court and the FCT High Court, the latter has mandated that he must seek permission from the court.
Ultimately, the judge deemed the unsigned medical report as lacking legal weight, stating, “Exhibit B holds no probative value and cannot be relied upon. Therefore, the request for the release of the passport is denied.” The case has been adjourned until October 7, October 10, November 10, and November 11 for further proceedings.
