ALLEGED MONEY LAUNDERING: COURT REFUSES YAHAYA BELLO'S TRAVEL REQUEST

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BY ALICE IDOWU

Justice Emeka Nwite of the Federal High Court, Abuja, has rejected a petition from the former Governor of Kogi State, Yahaya Bello, requesting the return of his international passport, stating that the medical report included with the application was not endorsed by its author.

In delivering the judgment, Justice Nwite concluded that, in opposition to the assertion made by the prosecution team, the application did not constitute an abuse of the court’s proceedings.

The defendant had requested the return of his travel document to allow him to journey to the United Kingdom for medical assistance.

The judge said counsel to the defendant argued that the applicant was a known hypertensive patient for about 15 years.

The attorney, Joseph Daudu, SAN, was likewise reported to have submitted Exhibits A and B, which comprised a specialist analysis on the health condition of the applicant, indicating that adequate evidence had been provided to the court to enable it to exercise its discretion in favor of the applicant.

The judge also recalled that the prosecution team argued that the application was an abuse of the court process.

While requesting the court to reject the application, the attorney representing the prosecution observed that the remedies pursued were analogous and that the motion was procedurally deficient as the guarantors for the defendant had not been notified.

On the issue of suretyship, the court held that the matter before it was Yahaya Bello v. FRN, and not vs the sureties.

The court additionally concurred with the assertion of the attorney representing the defendant, determining that the surety should not be incorporated 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,” he said.

“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 amounts to abuse of the court process.

“It is not in dispute that the applicant is standing trial before this court and FCT court and it is not in dispute that the applicant was granted bail in this court on December 13, 2024 and at FCT High Court on December 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 the court process.”

Justice Nwite also stated that “It is also the fact that this court and the FCT High Court are courts of coordinate jurisdiction.”

The court, 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.

The Court 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 judge held.

“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 said.

The case was, thereafter, adjourned to October 7 and 10 and November 10 and 11, 2025, for continuation of trial.