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 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 Yahaya 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 Yahaya 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 worthless 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.
