A High Court, Federal Capital Territory Division has said the passport of the immediate-past governor of Kogi State, Yahaya Bello, is not in its custody but in the custody of the Federal High Court.

Justice Maryanne Anenih made this known on Thursday at the resumed hearing of the alleged money laundering case instituted by the Economic and Financial Crimes Commission (EFCC) against the former governor,

She held that the court would have considered the application for the release of the defendant’s travel document if it were in its custody.

The judge said even if the request to retrieve the travel passport were to be granted, it would be of no effect since the passport was not in the court’s custody.

Mr Bello, Umar Oricha and Abdulsalami Hudu were arraigned on November 27, 2024, on a 16-count charge bordering on alleged property fraud to the tune of N110 billion.

Ms Anenih also noted that the court could have considered the submissions of the counsels if the passport was before the FCT High Court; noting, however, that the application was incompetent.

The judge stated that the application submitted by Mr Bello was misleading in its assumption that his passport was before the FCT High Court.

She clarified that the bail conditions given to the defendant required him to submit his passport or an affidavit if it was before another court.

Furthermore, the bail conditions directed Mr Bello to release his passport immediately after it was released by the Federal High Court, where he was facing a separate charge.

The judge also noted that Mr Bello had sworn in his affidavit that the passport was with the deputy registrar of the Federal High Court and would present it as soon as it “is released to me by the Federal High Court.”

“The passport cannot be in two places at the same time; this court is not in a position to speculate if he has two passports,” because this fact was not presented before the court.

After the ruling, Anenih adjourned until October 8 for continuation of trial.

The former governor is facing a similar charge at the Federal High Court in Abuja.

He had filed an application, requesting the release of his passport to enable him to travel out of the country on health grounds.

Counsel to the defendant, Joseph Daudu, SAN, had earlier submitted that the passport being requested was not in the court’s custody.

A review of the court’s record showed that the applicant had previously been ordered to deposit his passport and other travel documents with the registry of the court.

However, upon further enquiry and search conducted by the court, it was discovered that the said passport was not presently in the custody of the court’s registry.

Mr Bello, in his application, also indicated that his travel documents were with the Federal High Court.

The court had, on July 8, adjourned ruling on the defendant’s application to Thursday, July 17.

Daudu, SAN, told the court that the application was dated June 19, 2025, and filed on June 20, 2025.

“It seeks an order for the release of the 1st defendant/applicant’s passport by the registrar to enable him to travel for medical attention,” he had said.

The counsel said the application was supported by an affidavit of 13 grounds in the face of the motion and supported by a 22 paragraphs affidavit deposed to by the applicant himself.

The EFCC counsel had, however, filed a counter-affidavit, that the  application should not be granted.

(NAN)