Daniel Otera
Former Kogi State Governor, Yahaya Bello, has suffered another legal setback after the Federal High Court in Abuja on Monday dismissed his request to retrieve his international passport to enable him travel to the United Kingdom for medical treatment.
The ruling comes just four days after the FCT High Court also rejected a similar application in a separate N110.4 billion fraud case the former governor is facing.
In his judgment, Justice Emeka Nwite of the Federal High Court ruled that Mr Bello failed to present credible and sufficient evidence to support the medical travel request. The judge specifically faulted one of the medical documents tendered before the court, stating that it lacked legal validity.
“Exhibit B is devoid of probative value and cannot be relied upon by the court,” Justice Nwite declared. “The defendant has failed to place sufficient material before this court for his passport to be released for him to travel.”
Mr Bello is currently standing trial on charges of diverting N80.2 billion in public funds, one of two high-profile corruption cases brought against him by the Economic and Financial Crimes Commission (EFCC), both totalling over N190 billion.
At the hearing, the EFCC, represented by Senior Advocate of Nigeria (SAN) Kemi Pinheiro, strongly opposed the travel request, arguing that the former governor posed a serious flight risk.
“The defendant has demonstrated a pattern of non-compliance with judicial processes,” the prosecution said. “He repeatedly ignored lawful court summons and only appeared in court after a prolonged period of evasion.”
The EFCC maintained that granting him permission to leave Nigeria would undermine the integrity of the trial and obstruct justice.
Mr Bello’s legal team, led by Joseph Daudu (SAN), submitted that the former governor had been managing hypertension for over 15 years and required urgent medical attention overseas. The defence submitted two exhibits, including a medical report reportedly prepared by a consultant.
However, the court found that the key medical report was not signed by the issuing doctor, rendering it legally worthless.
“In law, an unsigned document is worthless,” Justice Nwite ruled, rejecting the application.
While the judge dismissed the application, he disagreed with the EFCC’s submission that it amounted to an abuse of court process. Justice Nwite clarified that both the Federal High Court and the FCT High Court are courts of coordinate jurisdiction, and filing the same application in both courts did not violate procedural law.
On the question of whether Mr Bello’s sureties should have been notified of the motion, the court sided with the defence.
“The complainant did not cite any section of the law that says sureties should be given notice or made a party,” the judge stated.
On Thursday, 17 July, Justice Maryanne Anenih of the FCT High Court similarly dismissed Mr Bello’s travel request, stating that his international passport was not deposited with her court, making the application “void, premature, and preemptive”.
“There is nothing to indicate that his international passport is before this court,” the judge said. “Since the defendant admitted depositing the same with the Federal High Court, there is no reason making any order here in regard to the application. Courts do not make orders in vain.”
Justice Anenih further emphasised that courts can only act on items lawfully before them and cannot make enforceable orders over materials in another court’s custody.
Mr Bello was arraigned at the Federal High Court on 13 December 2024 and subsequently before the FCT High Court on 19 December 2024. His eventual arraignment came after months of delay, during which he repeatedly failed to honour court invitations, prompting public outrage and intensified efforts by the EFCC to compel his appearance.
In contrast to his unsuccessful application, the same Federal High Court recently granted permission to Mr Bello’s nephew, Ali Bello who also faces separate corruption charges to travel abroad for medical treatment. Another co-defendant, Yakubu Adabenege, was allowed to travel for Hajj between 28 July and 27 August.
The court has now fixed 7 and 10 October, as well as 10 and 11 November 2025, for continuation of Mr Bello’s trial.
The EFCC is prosecuting Mr Bello on charges of criminal breach of trust, money laundering, and misappropriation of public funds. The agency alleges that the former governor conspired with aides to fraudulently withdraw billions from the Kogi State treasury during his tenure between 2016 and 2024.
According to the EFCC’s court filings, “The defendant conspired with others to fraudulently withdraw billions of naira from the Kogi State treasury.”
An official statement from the commission pegs the value of the fraud at ₦80.2 billion in the case before the Federal High Court, and ₦110.4 billion in the FCT High Court.
Independent data from BudgIT’s 2024 State of States Report paints a concerning picture of public financial management under Mr Bello’s administration. Kogi State ranked among the bottom five in transparency and social sector investment.
The report flagged persistent issues including poor budget credibility, underfunding of health and education, and rising debt obligations without proportional improvements in service delivery.
Debt Management Office (DMO) data shows that Kogi’s domestic debt burden rose by over 40% between 2016 and 2023, while Internally Generated Revenue (IGR) declined by 17% between 2021 and 2023. This mismatch, experts argue, raises further questions about the state’s resource management and accountability under Bello’s leadership.
As of July 2025, Yahaya Bello remains out on bail but is restricted under court-imposed conditions. With both courts refusing to release his passport, he is now confined to face trial in-country.