Legal Battle Over Passport Release for Former Kogi Governor
The Federal Capital Territory High Court in Maitama, Abuja, has postponed its ruling on a request by the former Governor of Kogi State, Yahaya Bello, to temporarily release his international passport. The hearing was adjourned until July 17, 2025, following arguments presented by both parties involved.
Justice Maryann Anenih set the date after considering the claims made by the defense and the prosecution. Bello is currently facing charges from the Economic and Financial Crimes Commission (EFCC) related to the alleged misappropriation of ₦110.4 billion in public funds during his time as governor.
Key Players in the Case
The EFCC’s legal team is led by Kemi Pinheiro (SAN), while Bello is represented by Joseph Daudu (SAN). During the resumed hearing, Daudu explained that a motion dated June 19 and filed on June 20 sought an order for the release of Bello’s passport. This document is currently held by the court registrar as part of his bail conditions.
Daudu highlighted that the application is supported by a 22-paragraph affidavit from Bello, along with attachments such as a medical report and an appointment letter from his physician abroad. He outlined 13 legal grounds for the request, referencing a previous ruling in December 2024 where the court stated that if a defendant needed to travel, they could apply formally.
He emphasized that this ruling did not explicitly prohibit foreign travel or specify conditions for such trips. Daudu also cited a Certified True Copy of the earlier bail ruling, which was admitted as Exhibit C, arguing that the current request aligns with the court’s prior stance.
Prosecution’s Opposition
Chukwudi Enyebili (SAN), representing the prosecution, opposed the defense’s application. He adopted the EFCC’s 45-paragraph counter-affidavit deposed by Abubakar Wara, describing the defense’s motion as an abuse of the court process.
Enyebili noted that Bello had previously filed a similar application before the Federal High Court, which is also awaiting a decision later this month. He argued that seeking the same relief in two courts simultaneously undermines judicial integrity and risks conflicting rulings.
“The passport sought to be released is not before this court,” Enyebili stated. He added that the order from the Federal High Court predates the current case and urged the court not to issue any directive concerning a document not in its custody.
Medical Documents and Healthcare Options
Enyebili questioned the authenticity of the medical documents provided, claiming that the medical report was signed by a different doctor than the one who issued the appointment. He also pointed out that the report did not include the qualifications of the signing physician, dismissing it as “a worthless paper.”
On healthcare options, the prosecution argued that Bello should seek treatment in Kogi State, where he reportedly commissioned an ultra-modern Reference Hospital designed to reduce medical tourism.
Citing the international dimension of the case, including money laundering charges, the prosecution warned that allowing Bello to leave the country could jeopardize the trial. Enyebili also mentioned that Interpol had once placed Bello on a watchlist, though the defense claimed this occurred before he appeared in court and was no longer in effect.
Defense’s Response
Responding to the prosecution’s arguments, Daudu asserted that the defense had not breached any bail conditions. He emphasized that the sureties were fully informed and that courts of coordinate jurisdiction—such as the Federal High Court and FCT High Court—can each adjudicate on such applications independently without legal conflict.
After hearing both sides, Justice Anenih adjourned the matter to July 17 for a final ruling.