Justice Emeka Nwite of the Federal High Court in Abuja has turned down an application filed by former Kogi State Governor, Alhaji Yahaya Bello, seeking the release of his international passport to enable him to travel overseas for medical treatment.
In a ruling delivered on Monday, Justice Nwite ruled that the medical evidence submitted in support of the application lacked credibility, as it was not properly authenticated. Specifically, the medical report presented by Bello was unsigned, rendering it legally inadmissible.
Bello is currently facing prosecution by the Economic and Financial Crimes Commission (EFCC) over alleged involvement in money laundering activities.
While the court rejected the EFCC’s stance that the application constituted an abuse of legal process, it still found the defense’s supporting documents to be inadequate.
Lead counsel to Bello, Senior Advocate of Nigeria Joseph Daudu, had argued that his client had been managing hypertension for over 15 years. He submitted two exhibits—labelled A and B—detailing Bello’s medical condition, and urged the court to allow the former governor to seek specialized care abroad.
Despite this plea, Justice Nwite maintained that the medical documents, particularly Exhibit B, could not be relied upon, as it bore no signature, calling its authenticity into question.
The prosecution, in response, urged the court to dismiss the motion, describing it as repetitive and procedurally flawed. They argued that the application lacked merit, especially as Bello’s sureties were not formally notified about the motion.
However, the court dismissed that argument, clarifying that the application before it was solely between Yahaya Bello and the Federal Republic of Nigeria, not the sureties. Justice Nwite agreed with the defense’s view, stating that the prosecution failed to reference any legal provision—domestic or international—that required notice to the sureties in such matters.
On the issue of procedural abuse, the judge noted that although Bello is currently undergoing trial both in the Federal High Court and at the FCT High Court, he had obtained bail from both courts—on December 13 and 19, 2024, respectively. The FCT High Court had explicitly instructed that any foreign travel must be approved by the court beforehand.
Justice Nwite held that seeking such approval does not constitute an abuse of court process, adding that both courts are of equal jurisdiction.
Despite dismissing the abuse of process argument, the court maintained that Exhibit B—the unsigned medical document—lacked legal substance. Justice Nwite reiterated that unsigned documents carry no evidentiary weight in court proceedings.
“In legal terms, Exhibit B holds no probative value and is inadmissible,” the judge said, concluding that Bello failed to provide convincing justification for the release of his passport.
“In light of this, the application is hereby denied,” Justice Nwite ruled.
The court has fixed October 7 and 10, as well as November 10 and 11, 2025, as the next dates for continuation of trial.
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