Yahaya Bello’s passport not in our custody — Court

Justice Maryanne Anenih of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has ruled that the passport belonging to former Governor Yahaya Bello of Kogi State is not in the court’s custody but with the Abuja Division of the Federal High Court.

Bello, who alongside Umar Shuaibu Oricha and Abdulsalam Hudu is facing a 16-count charge bordering on breach of trust filed by the Economic and Financial Crimes Commission (EFCC) in the suit marked FCT/HC/CR/778/24, had filed a motion on notice requesting the temporary release of his passport to enable him to travel to London for medical treatment. All the defendants pleaded not guilty.

Ruling on the application, Justice Anenih held that upon reviewing the court’s record, it was discovered that the said passport is not in the custody of the FCT High Court.

The court noted that as part of the conditions attached to the bail granted to the former governor on 19 December 2024, he was ordered to deposit his passport and other travel documents with the court’s registry.

The judge added that the court’s search revealed that the passport was deposited with the Federal High Court in Abuja, where Bello is also standing trial before Justice Emeka Nwite.

She added that the former governor had even stated this fact in the affidavit he deposed to in compliance with the 19 December 2024 ruling, indicating that he had already deposited the said passport with the Federal High Court.

Justice Anenih further held that even if Bello’s application to retrieve the said passport were to be granted, it would be of no effect since the document is not in the custody of the FCT High Court but with the Federal High Court.

According to the court, “The basis for this application is the applicant’s contention that he needs to travel with the passport. The international passport cannot be in two different places at the same time.

“The first defendant/applicant was directed by this court to deposit his international passport with the registrar of this court, and in the case of it being deposited elsewhere, he was to deposit it with the registrar of this court as soon as it became available.

“The passport is not before this court. It is not with the registrar or the registry of this court. There is nothing placed before the court indicating that the passport has left the Federal High Court,” Justice Anenih held.

She asserted that the court cannot give what it does not have, adding that the court does not make an order in vain.

Lead counsel for the former governor, Joseph Daudu SAN, had on Tuesday, 8 July, while moving the motion on notice dated 19 June, told the court that the application sought an order granting temporary release of Bello’s passport to travel to the United Kingdom for medical treatment.

According to him, it was part of the bail conditions granted by the court on 19 December 2024 that the former governor should approach the court by way of a motion on notice should there be any need for him to travel out of the country.

He urged the court to grant the application, stressing that Bello is neither a flight risk nor has any intention of absconding, as he is eager to clear his name of the allegations levelled against him.

The prosecution, however, opposed the application, arguing that it amounted to an abuse of court process since Bello had already filed a similar application before the Federal High Court.

Chukwudi Enebeli SAN, who represented the EFCC, said the former governor failed to put his sureties on notice regarding his application to travel out of the country to ascertain their willingness to continue standing as his sureties.

Meanwhile, Justice Anenih adjourned the case to October for continuation of hearing.

ALSO READ TOP STORIES FROM NIGERIAN TRIBUNE