Justice Emeka Nwite of the Federal High Court in Abuja has dismissed a request filed by Yahaya Bello, the immediate past governor of Kogi State, seeking the release of his international passport to travel abroad for medical treatment.
The judge refused the application on the grounds that the medical document submitted was not signed by its purported author, thereby invalidating its legal credibility.
In delivering the ruling, Justice Nwite clarified that, despite the prosecution’s assertion, the former governor’s request was not considered an abuse of judicial procedure. Bello had approached the court, requesting access to his travel document so he could seek medical attention in the United Kingdom, citing long-term health concerns.
His legal representative, Senior Advocate of Nigeria Joseph Daudu, maintained that Bello had suffered from hypertension for over 15 years. Daudu presented documents labeled as Exhibits A and B, which he said were expert evaluations of his client’s health. He argued that sufficient information had been presented to enable the court to rule favorably on the matter.
On the other hand, the prosecuting team contended that the new application mirrored a previously rejected request and therefore should be seen as redundant and an abuse of process. They further claimed that Bello’s sureties were not notified of the motion, rendering the application defective.
However, Justice Nwite ruled that the matter at hand involved Yahaya Bello versus the Federal Republic of Nigeria, not the sureties. He emphasized that there was no legal requirement cited by the prosecution indicating that sureties must be formally included in or notified about such motions.
“The complainant’s counsel did not reference any legal provision, either domestically or internationally, requiring that sureties be notified or joined in a motion of this nature,” the judge stated.
On the allegation that the motion was an abuse of court process, the judge pointed out that while Bello is currently on trial in both his court and a Federal Capital Territory High Court, there was nothing improper in making the current application. He noted that both courts had granted the former governor bail—on December 13, 2024, in the Federal High Court and on December 19, 2024, in the FCT High Court—with the FCT court specifically instructing that any travel must be with its permission.
“It is also important to note that this court and the FCT High Court operate at the same judicial level,” Justice Nwite said.
Nevertheless, the court found that Exhibit B—the medical report intended to substantiate Bello’s health claims—was unsigned by the issuing doctor. The judge stressed that unsigned documents are not admissible in legal proceedings and lack evidentiary value.
“Put plainly, Exhibit B holds no legal weight and cannot be used as a basis for the court’s decision,” the judge ruled.
Given the absence of convincing evidence, the judge concluded that the former governor had failed to justify the request for the release of his passport. “The defendant has not provided enough credible material for the court to grant this request. As such, the motion is denied,” Justice Nwite ruled.
The case has been adjourned and is scheduled to resume on October 7 and 10, as well as November 10 and 11, 2025.
What You Should Know
Yahaya Bello, the former governor of Kogi State, is currently facing legal proceedings in both the Federal High Court and the FCT High Court. He had requested access to his passport to seek medical attention abroad but was denied after presenting an unsigned medical report.
The ruling reinforces the court’s requirement for verifiable documentation in legal requests and underscores the importance of proper procedure in bail conditions.
