A High Court sitting in the Federal Capital Territory (FCT) has dismissed an application filed by former Kogi State Governor, Yahaya Bello, seeking the release of his international passport. The court clarified that the document is not in its possession but is with the Federal High Court.
Presiding Judge, Justice Maryanne Anenih, made the position clear on Thursday during proceedings in the ongoing trial involving Bello and two others — Umar Oricha and Abdulsalami Hudu — who are being prosecuted by the Economic and Financial Crimes Commission (EFCC) over alleged money laundering and fraudulent property dealings amounting to ₦110 billion.
Justice Anenih explained that the court lacked the jurisdiction to entertain the application since the said passport was never deposited with the FCT High Court. She also ruled the application as “incompetent,” stating that it was misleading for Bello to approach the court under the assumption that it was holding the document.
She emphasized that the bail conditions given to Bello clearly required him to either hand over his passport to the FCT court or submit an affidavit disclosing the court currently in possession of the travel document. In this case, Bello had disclosed that the Federal High Court had custody of his passport, as it is tied to a separate legal matter pending before that court.
Justice Anenih reiterated that the conditions of the bail also stipulated that Bello must hand over the passport once it is released by the Federal High Court. She noted that the former governor admitted in his affidavit that the document was in the custody of the deputy registrar at the Federal High Court, and he pledged to submit it once retrieved.
“The passport cannot be in two places at once. This court is not in a position to assume or verify if the defendant owns two passports, especially since such a claim was not presented before us,” the judge remarked.
Following the court’s decision, the matter was adjourned until October 8 for continuation of the trial.
Meanwhile, Bello is simultaneously facing a related case at the Federal High Court in Abuja. He had requested his passport in order to travel abroad for medical treatment. His lead counsel, Joseph Daudu, SAN, argued that the application should be granted since the FCT High Court was not in possession of the passport.
According to available court records, the defendant had initially been instructed to deposit his travel documents at the court’s registry. However, after a follow-up inquiry and investigation, it was discovered that the FCT High Court registry did not have the passport.
In his request, Bello stated that the travel document is currently with the Federal High Court, where a different legal proceeding involving him is ongoing.
The application, dated June 19, 2025, and filed on June 20, sought an order for the registrar to release the passport so that Bello could seek medical attention overseas.
Daudu explained to the court that the application was supported by 13 legal grounds and backed by a 22-paragraph affidavit sworn by his client.
In response, the EFCC opposed the motion, filing a counter-affidavit and urging the court to decline the request.
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