A Federal High Court in Abuja has declined the request by a former governor of Kogi State, Yahaya Bello, for the release of his international passport to enable him travel to the United Kingdom (UK) on health grounds.
In a ruling on Monday, Justice Emeka Nwite found that the medical report, attached to Bello’s application was not signed by its maker as required.
Justice Nwite noted that the report, marked as Exhibit B, which was the medical report provided by a doctor, was not signed by its maker, and as such, could not be accorded any probative value.
The judge stressed that an unsigned document carries no weight in law and therefore, considered worthless.
He said: “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 materials before this court for his passport to be released for him to travel. Consequently, this application is hereby refused.”
The judge faulted the argument by the prosecution that the application constituted an abuse of court process.
He noted that Bello’s lawyer, Joseph Daudu (SAN) had argued among others, that his client was a known hypertensive patient for about 15 years.
On the prosecution’s argument that Bello’s sureties were not involved in the defendant’s application, noting that the case was only between the prosecution and the defence.
He said, “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 amount 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 acourt 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 jurudiction,” Justice Nwite stated.
He then adjourned till October 7 for continuation of trial.
The ex-governor is being prosecuted by the Economic and Financial Crimes Commission (EFCC) on a charge marked: FHC/ABJ/CR/98/2024,in which he is among others, allegedly laundering N80, 246,470, 088.88 purportedly belonging to Kogi State.
