By Atoyebi Nike
The Federal High Court in Abuja on Monday turned down a request by former Kogi State Governor, Yahaya Bello, to retrieve his international passport in order to travel abroad for medical care.
Justice Emeka Nwite, who is presiding over the N80.2 billion fraud case brought against Bello by the Economic and Financial Crimes Commission (EFCC), ruled that the medical report submitted to support the application was unsigned and therefore invalid.
Bello, who is also facing a separate but related trial at the Federal Capital Territory High Court in Maitama, had applied to both courts seeking the release of his passport for a medical trip to the United Kingdom. However, the FCT High Court, presided over by Justice Maryanne Anenih, clarified that the travel document was not in its custody and could only be released by the Federal High Court.
In opposing the request, EFCC lawyers described the multiple applications as an abuse of judicial process and warned that parallel motions in two courts of equal standing could lead to conflicting decisions. The commission argued that the defendant’s application was procedurally defective, especially since it failed to involve or notify the sureties who had earlier guaranteed his bail.
However, Justice Nwite dismissed the EFCC’s claim of procedural abuse, stating that courts of coordinate jurisdiction could independently evaluate applications. He also agreed with Bello’s legal team, led by Joseph Daudu (SAN), that no law mandates notifying sureties when applying for temporary release of a travel document.
“The counsel to the complainant did not cite any section of the law that says sureties should be notified or made parties to a motion on notice,” Justice Nwite observed.
Still, the judge refused the request on substantive grounds, ruling that the unsigned medical report, presented as Exhibit B, had no legal validity.
“An unsigned document is worthless in law and carries no probative value,” he said. “The defendant has failed to place sufficient material before this court to warrant the release of his passport for travel.”
The judge subsequently adjourned the case to October 7, 10 and November 10, 11, 2025, for continuation of trial.
