The Abuja Division of the Federal High Court on Monday denied former Governor Yahaya Bello’s request to release his passport to seek treatment abroad after presenting an unsigned medical report.

Justice Emeka Nwite ruled that Mr Bello’s supporting medical report was invalid because it was unsigned. However, the judge disagreed with the Economic and Financial Crimes Commission’s claim that the request was an abuse of the court process.

Mr Bello had sought his passport’s release to travel to the UK for medical attention due to longstanding hypertension.

Mr Bello’s counsel, Joseph Daudu, had argued that the applicant was a known hypertensive patient for about 15 years. Mr Daudu referenced two exhibits containing expert reports on Mr Bello’s health. 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, argued that the application was an abuse of the court process. Ms Pinheiro had urged the court to dismiss Mr Bello’s application, arguing that the reliefs sought were similar to the application before the FCT High Court and that the motion was technically incompetent as the sureties to the defendant were not informed.

On the issue of suretyship, the judge held that the matter before the court was between the federal government and the former Kogi governor, not between the federal government and the sureties. The judge therefore aligned with Mr Daudu’s argument that the sureties should not 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,” noted the judge.

He added, “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 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.”

The judge held that Exhibit B, the medical report, was unsigned. As such, it 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,” the judge ruled.

The judge subsequently adjourned the matter until October 7, October 10, November 10, and November 11 for the continuation of the trial.

(NAN)