Justice Emeka Nwite of the Federal High Court, Abuja, has turned down a request by the immediate past Governor of Kogi State, Yahaya Bello, seeking the release of his international passport, saying that the medical report attached to the application was not signed by its maker.
Delivering the ruling, Justice Nwite, however, held that contrary to the submission of the prosecution team, the application was not an abuse of the court process.
The defendant had applied for the release of his travel document to enable him to travel to the United Kingdom for medical attention.
The judge said counsel to the defendant argued that the applicant was a known hypertensive patient for about 15 years.
The lawyer, Joseph Daudu, SAN, was also said to have presented Exhibits A and B, which constituted an 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 applicant.
The judge also recalled that the prosecution team argued that the application was an abuse of the court process.
While urging the court to dismiss the application, counsel to the prosecution noted that the reliefs sought were similar and that the motion was technically incompetent as 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.
The judge further aligned with the argument of the counsel to the defendant, ruling that the surety ought not to 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,” 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.
