Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, on Monday, July 21, 2025, rejected the application of a former Kogi State governor, Yahaya Adoza Bello, for the release of his passport to enable him travel to the United Kingdom for medical treatment.
The Economic and Financial Crimes Commission, EFCC is
prosecuting Yahaya Bello, alongside his nephew, Ali Bello, Dauda Suleiman
and Abdulsalam Hudu on 19- count charges, bordering on money laundering to
the tune of N80, 246,470, 088.88( Eighty Billion, Two Hundred and Forty Six
Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty
Eight Kobo).
Justice Nwite rejected Bello’s application on the
following grounds that Bello has not put forward sufficient materials
before the court to show that local health facilities cannot manage his
health condition; that the medical doctor in the Confluence University of
Science and Technology that diagnosed him did not state his area of medical
competence; that the letter of invitation from the UK medical consultant was
not signed and therefore, worthless in the eyes of the law; that Bello wants to
leave Nigeria and go to UK to treat hypertension without putting forward any
evidence to show that there has been a deterioration of the ailment.
At the June 27, 2025 sitting, Bello had through his
counsel, J.B. Daudu, SAN, urged the court to temporarily release his
client's passport to enable him to travel to the United
Kingdom for medical treatment.
He claimed that the defendant had no criminal
record overseas and did not pose a flight risk. “He has no
criminal record in those countries. The defendant is not a flight risk and will
return before the end of August. My Lord can even specify a return date,” he
said.
Daudu informed the court that the application was
brought pursuant to Section 173(2)(a) of the Administration of Criminal Justice
Act (ACJA) and under the court’s inherent jurisdiction. He
backed the application with a 22-paragraph affidavit deposed to
by Bello himself, including annexures such as a medical
report from the Confluence University of Science and Technology, Okene,
Kogi State and a letter of invitation from
a UK-based consultant cardiologist.
However, prosecuting counsel, Kemi Pinheiro, SAN,
strongly objected to the application, describing it as an abuse of court
process. He argued that Bello had previously filed similar applications before
the FCT High Court, seeking the same relief, which he said was improper and
confusing.
Pinheiro advanced five main reasons why the
application should be denied. First, he said the motion was “technically
incompetent” as the sureties to Bello’s bail were not informed or included in
the application, thereby raising questions about their liability if the
defendant fails to return, he noted that the case against
Bello involved money laundering, which was international in
nature, referencing charges related to the defendant’s
alleged properties acquisitions in Dubai and funds in bank
accounts in the US and UK. “The defendant is already under a red notice and
international alert. He risks being arrested abroad and extradited to the
countries where he is linked with crimes.
The prosecution further discredited the medical report
submitted by the defence, noting that the doctor who signed it failed to
indicate his specialization. He further argued that the health
concerns cited by the defendant such as low potassium and mild
hypertension, could be managed locally and not sufficient reason to fly all the
way to the UK.
He also pointed out the irony that Bello had boasted
during his tenure of building an ultra-modern hospital in Kogi State. “From
Abuja to Lokoja is two hours. I advise him to visit that hospital rather than
take a six-hour flight abroad,” he said.
In his ruling on Monday , Justice Nwite rejected
Bello’s applicatioN.
“The defendant applicant is praying for a
temporary release of his passport to him, so that he could obtain a
visa to travel to the United Kingdom for medical treatment. The defendant
presented before this honorable court two documents marked
as Exhibit A and B to show that he is seriously sick and
has booked an appointment with a
consultant cardiologist in London. Exhibit A is a
medical report from Confluence University of Science and
Technology Teaching Hospital, Okene, Kogi State and Exhibit
B is an outpatient appointment letter from the Physician
Clinic Limited, London. A careful reading of the
same Exhibit A and B would reveal that Exhibit A was signed by one
Dr. Oyerele Otuma for consultant in-charge. From Exhibit A,
the following are glaring, one, Dr. Oyeleye Otuma is
not the doctor that examined the defendant applicant, two, the name of the
consultant whom Dr. Oyeleye claimed examined the defendant applicant
was not mentioned; three the qualification of the consultant whom Dr.
Oyeleye said carried out the examination cannot be ascertained in order to
determine whether any of them can make such report. This is because not
all persons or medical personnel can make a medical report on any ill
health. I always think that it is only when the appellant shows by medical
text or report that an ill health cannot be handled by any hospital in Nigeria
that he can apply to travel for such medical treatment. It is
necessary for the appellant to show special circumstances before this
type of application can be granted.”
"Again a careful look at Exhibit B would reveal
that it was not signed by the author of the letter. An unsigned document
is a worthess paper. A document which is not signed does not serve any
efficacy in law. The position of the law is that a document
which is not signed is of no efficacy, it is worthless, a worthless document
cannot be effective. In other words, Exhibit B is
worthless, which this court cannot place reliance on. There is
nothing placed before this court that shows in a clear terms that a Nigerian
medical facility cannot appropriately handle the ill health of a
defendant applicant.
“In the instant situation, what the defendant applicant is asking the court for is to exercise its discretion in order to facilitate the overseas process of the treatment of his ill health, which is hypertension. This ill health, referred to in my opinion, had not been shown to be serious enough that a Nigerian medical facility cannot handle when taken into account that the defendant applicant is standing trial before this honorable court"
“In view of the foregoing, I am of the view, and I so
hold that the defendant applicant has failed to place sufficient criteria
before this honorable court in order to enable this court to release the
international passport of the applicant to him for the purpose of traveling
abroad for medical treatment. Consequently, this application is hereby
refused. This is the ruling of this court,” he judge said.
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