The immediate past governor of Kogi State, Yahaya Bello, has once again failed in his bid to have his passport released to enable him travel abroad for medial attention as Justice Emeka Nwite of a Federal High Court, Abuja, on Monday, declined his request on the ground that the medical report attached to his application was not signed by its maker and so lacked any “legal efficacy”.
Newsmata.com.ng reports that Bello, who is standing trial over alleged money laundering filed against him by the Economic and Financial Crimes Commission (EFCC) had on Thursday July 17, 2025 failed to secure the release of his passport by the High Court of the Federal Capital Territory FCT which said that the document was not in its custody but in the custody of the Federal High Court, Abuja.
At the resumed hearing of the case, Justice Maryann Anenih held that the court would have considered the application for the release of the defendant’s travel document if it were to be in its custody.
Justice Anenih said even if the request to retrieve the passport were to be granted, it would be of no effect since the passport was not in the custody of the FCT High Court but with the Federal High Court, before Justice Emeka Nwite.
But giving his ruling on the request on Monday, Justice Nwite however said contrary to the submission of the prosecution team, the application was not an abuse of court process.
The judge said counsel to the defendant, Joseph Daudu, senior advocate of Nigeria, SAN, had argued that the applicant was a known hypertensive patient for about 15 years.
In support of his claim, Dauda was also said to have presented Exhibits A and B, which constituted expert report on the health status of the applicant, saying that sufficient materials had been placed before the court to exercise its discretion in favour of the former governor.
The judge also noted that in urging the court to dismiss the application, the prosecution team had argued that the application was an abuse of court process as the reliefs sought were similar, and that the motion was technically incompetent because the sureties to the defendant were not informed.
On the issue of suretyship, the Court held that the matter before it was Yahaya Bello v. FRN, and not vs the sureties.
Further aligning with the argument of the counsel to the defendant, Justice Nwite ruled that the surety ought not to be included in the application.
The judge said, “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 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 court process.
“It is also the fact that this court and the FCT High Court are courts of coordinate jurisdiction”.
Declining the request for the release of Bello’s travel document, Justice Nwite 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 insisted 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 court ruled, adding, “the defendant had 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 thereafter adjourned the matter till October 7 and 10 and November 10 and 11, 2025, for continuation of trial.