Justice Emeka Nwite of the Federal High Court in Abuja, on Monday, declined a request by former Kogi State Governor Yahaya Bello, seeking release of his international passport to travel abroad for medicare.
While delivering a ruling at the resumed hearing of the alleged money laundering case preferred against Bello by the EFCC, the judge said the medical report attached to the application was not signed by its maker.
Justice Nwite, however, held that contrary to the submission of the anti-graft agency’s argument, the application was not an abuse of court process.
The former governor had applied for the release of his travel document to enable him travel to the United Kingdom (UK) for medical attention.
Bello’s counsel, Joseph Daudu, SAN, had argued that the applicant was a known hypertensive patient for about 15 years.
Daudu submitted that two exhibits; Exhibits A and B, had been placed before the court which constituted expert report on the health status of ex-Gov. Bello.
He said sufficient materials had been placed before the court to exercise its discretion in favour of the applicant.
But the prosecution team, led by Kemi Pinheiro, SAN, argued that the application was an abuse of court process.
Pinheiro had urged the court to dismiss Bello’s application, arguing that the reliefs sought were similar with the application before FCT High Court, and that the motion was technically incompetent as the sureties to the defendant were not informed.
On the issue of suretyship, Justice Nwite held that the matter before the court was Federal Republic of Nigeria vs. Yahaya Bello, and not versus the sureties.
The judge therefore aligned with Daudu’s argument that the sureties ought not to be included in the application.
“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 High Court and it is not in dispute that the applicant was granted bail in this court on Dec.13, 2024 and at FCT High Court on Dec. 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 jurisdiction,” the judge stated.
Justuc Nwite, however, held that Exhibit B, which was the medical report provided by a doctor, was not signed by its maker, and as such, lacked any legal efficacy.
He emphasised that an unsigned document carries no weight in law and is considered worthless.
“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 material before this court for his passport to be released for him to travel.
“Consequently, this application is hereby refused,” Justice Nwite rule.
The judge subsequently adjourned the matter until Oct. 7, Oct. 10 , Nov. 10 and Nov. 11 for continuation of trial.
