Justice Emeka Nwite of the Federal High Court, Abuja, has rejected a request from the immediate past Governor of Kogi State, Yahaya Bello, for the release of his international passport.
The court cited the absence of the maker’s signature on the attached medical report as the reason for its decision.
Despite the rejection, Justice Nwite did rule that the application was not an abuse of court process, contrary to the prosecution’s arguments.
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Bello had sought the release of his travel document to enable him to travel to the United Kingdom for medical attention.
His counsel, Joseph Daudu, SAN, had argued that Bello had been a known hypertensive patient for approximately 15 years and presented Exhibits A and B—an expert report on Bello’s health—claiming sufficient material had been provided for the court to exercise its discretion.
The prosecution, however, argued the application was an abuse of court process, stating the reliefs sought were similar to previous requests and that the motion was technically incompetent because Bello’s sureties had not been informed.
Justice Nwite sided with the defense on the issue of suretyship, stating that the matter was Yahaya Bello v. FRN, not against the sureties, and that no law requires sureties to be given notice or be made a party in such a motion.
He further dismissed the prosecution’s argument of abuse of process, noting that Bello was indeed standing trial before both his court and the FCT High Court, and that the FCT High Court’s ruling explicitly allowed Bello to seek leave of the court, making the current application legitimate.
However, the core of the ruling rested on the medical report. Justice Nwite held that Exhibit B, the medical report, was not signed by its maker, rendering it legally ineffectual and devoid of probative value.
“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 stated.
The case has been adjourned to October 7 and 10, and November 10 and 11, 2025, for the continuation of the trial.
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