Justice Emeka Nwite of the Federal High Court in Abuja rejected a request from former Kogi State Governor Yahaya Bello for the return of his international passport. The judge noted that the medical report submitted with the application was not signed by its author.
In his ruling, Justice Nwite clarified that, contrary to the prosecution’s claim, the application did not constitute an abuse of the court’s process. The defendant had sought the return of his travel document to seek medical treatment in the United Kingdom, with his attorney, Joseph Daudu, SAN, asserting that Bello had been a known hypertensive patient for 15 years. Daudu presented Exhibits A and B, which included expert opinions on Bello’s health, arguing that enough evidence had been provided to warrant the court’s favorable discretion.
The prosecution maintained that the request was abandoned and asked for dismissal, highlighting that the motion was flawed because the defendant’s sureties were not notified. The court, however, affirmed that the case was Yahaya Bello vs. the Federal Republic of Nigeria and not against the sureties, siding with the defense counsel’s perspective that they need not be included in the motion.
Justice Nwite noted that the prosecution failed to cite any legal authority requiring the sureties to be informed or included in the motion. He stated, “The counsel to the complainant did not cite any section of the law that says sureties should be notified.”
Regarding the prosecution’s argument of an abuse of process, Justice Nwite mentioned that there was no dispute over Bello facing trial in this court and another court, having been granted bail in both. He pointed out that the FCT High Court had ruled that Bello must seek the court’s permission, asserting that the current application did not amount to an abuse of the court’s process.
He also reiterated that both courts hold equal jurisdiction. However, the judge concluded that Exhibit B, the unsigned medical report, was legally ineffective. He stated that an unsigned document lacks validity and cannot be utilized by the court.
Ultimately, Justice Nwite determined that Bello did not present adequate grounds for the release of his passport for travel, leading to the dismissal of the application. The case was adjourned to October 7 and 10, along with November 10 and 11, 2025, for the continuation of the trial.
