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Judge Emeka Nwite from the Federal High Court, Abuja, on Monday, rejected the former Governor of Kogi State, Yahaya Bello, a request for the release of his international passports to travel abroad for medical treatment.
The judge, who delivered the verdict at the hearing which was continued on the trial of the former governor because of the alleged money laundering, stated that the medical report attached to the application was not signed by the maker.
He, however, argues that contrary to the submission of EFCC, the application is not a misuse of court processes.
The Economic and Financial Crime Commission (EFCC) charged Bello on the accusation of 16 money laundering with the N110 billion tone.
The former governor has applied to release his travel document to allow him to travel to England for medical treatment.
Bello’s advisor, Joseph Daudu (San), argues that applicants are hypertensive patients known for about 15 years.
Daudu said that two exhibitions, exhibitions A and B, had been placed before the court, which was an expert report on the health status of the former government. Bello.
He said sufficient material had been placed before the court to carry out his policy for the applicant.
But the prosecution team, led by Kemi Pinheiro (San), argued that the application was a misuse of court proceedings.
Pinheiro has urged the court to stop the Bello application, said the reliefs sought are similar to the application before the Federal Capital High Court (FCT).
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He stressed that the motion was technically incompetent because the guarantee to the defendant was not informed.
In the problem of Surety, Judge Nwite argues that the problem before the court was the Federal Republic of Nigeria vs Yahaya Bello, and not versus Suretes.
Therefore the judge is in harmony with Daudu’s argument that guarantees should not be included in the application.
“The complainant advisor does not quote any legal department that says Suretes must be given a notification or make the party in the motion of notification.
“The advice does not quote any law, both locally and internationally, to support its argument.
“In the misuse of court processes, complaints argue that instant applications are incompetent and the same as misuse of court processes.
“Not in the dispute that the Petitioner stood tried before the Court and the FCT High Court, and not in a dispute that the applicant was given a guarantee in this court on December 1, 2024 and at the FCT High Court on 19 December 2024.
“The FCT High Court, in its decision, said that the applicant must seek court leave.
“Therefore, this instant application does not mean misuse of court proceedings.
“This is also a fact that the FCT High Court and the FCT High Court is a jurisdiction coordinate court,” the judge said.
He, after that, postponed this problem until 7 October, October 10, November 10 and November 11 for the continuation of the trial.
