Yahaya Bello in court | File photo
A federal high court in Abuja has refused an application by Yahaya Bello, the former Kogi state governor, seeking leave to travel abroad for medical treatment.
In a ruling on Monday, Emeka Nwite, the presiding judge, noted that the medical report attached to the application was not signed by the doctor who issued it.
Bello is facing a 19-count charge of alleged money laundering amounting to N80.2 billion.
Moving the application dated June 20, Joseph Daudu, counsel to Bello, said the former governor was referred to a hospital in the United Kingdom (UK) by a cardiologist. He added that Bello has not travelled outside Nigeria throughout his eight-year tenure as governor.
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Daudu also tendered exhibits “A” and “B”, which constituted an expert report on the health status of the applicant.
The lawyer said Bello has pledged to travel within the court’s vacation period and return to the country for the continuation of his trial.
However, the Economic and Financial Crimes Commission (EFCC) opposed the application, describing it as an abuse of court process.
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Kemi Pinheiro, the prosecution counsel, said the defendant cited hypertension and hypercalcemia or low potassium but failed to provide evidence that the condition was life-threatening.
The prosecution argued that there are well-equipped hospitals in the country that could effectively treat the ailments.
The EFCC counsel also described the application as an abuse of court process on the grounds that the former governor filed the same application before a federal capital territory (FCT) high court, where he is facing another charge.
But in his ruling, Nwite held that the application is not an abuse of court process.
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“It is not in dispute that the applicant is standing trial before this court and the FCT court. And it is not in dispute that the applicant was granted bail in this court on December 13, 2024 and at the FCT high court on December 19, 2024,” the judge said.
“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.”
On the issue of suretyship, the court held that there is no law that mandates a defendant to include or notify his surety in a travel application.
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“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 judge said.
“The counsel did not cite any law, whether locally or internationally, to back his argument.”
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However, the judge faulted the medical report provided by Bello, saying an unsigned document carries no weight in law and is considered worthless.
“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,” Nwite ruled.
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The case has been adjourned to October 7 and 10 as well as November 10 and 11, 2025, for continuation of trial.
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