Leadnaija
Yahaya Bello, former governor of Kogi State on trial for N110 billion fraud, has requested the court’s permission to travel abroad for medical treatment. This is despite the deposition of his international passport being one of the bail conditions granted to him in December.
In the details of the application made available on the Economic and Financial Crimes Commission (EFCC)’s social media accounts, J.B. Daudu, Bello’s counsel, made the application to Emeka Nwite of the Abuja Federal High Court. He said Bello’s health needed to be considered important to grant his permission to travel.
Daudu presented a 22-paragraph affidavit for Bello which included a medical report and a letter from a consultant cardiologist. He also argued that Bello had not travelled outside Nigeria in more than eight years, and therefore needed urgent medical attention outside the shores of Nigeria, and that Bello had no criminal records, and therefore did not pose a potential flight risk.
“The subject of this application is the release of his passport, which was surrendered as part of his bail conditions. What should be considered is not whether there are alternatives in Nigeria but whether the defendant poses a flight risk,” Daudu said.
“The subject of this application is the release of his passport, which was surrendered as part of his bail conditions. What should be considered is not whether there are alternatives in Nigeria but whether the defendant poses 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.”
Kemi Pinheiro, the EFCC’s counsel, objected to the application. He described it as an abuse of court process since Bello had already filed the application before another court and then again at the Abuja High Court.
Pinheiro pointed out that the motion was ‘technically incompetent’ as the sureties to Bello’s bail were not informed or included in the application, which then renders them a liability if Bello absconds.
He also reinforced the significance of the money laundering claims levelled against Bello being an international crime, with reference to charges related to Bello’s properties in Dubai and money in UK and American banks.
“The defendant is already under a red notice and international alert. He risks being arrested abroad and extradited. He could be ‘Hushpuppied’ from Dubai,” Pinheiro said.
Pinheiro also faulted the medical report Bello presented because the doctor did not indicate his qualifications or specialisation.
“He says he has low potassium; bananas and pawpaw will handle that. This is not sufficient reason to fly to the UK,” Pinheiro added.
“From Abuja to Lokoja is two hours. I advise him to visit that hospital rather than take a six-hour flight abroad.”
To the EFCC counsel’s claim that the sureties were not informed, Daudu responded that the sureties were not required to be parties to the motion and that the court should exercise its discretion in favour of the defendant.
Nwite adjourned the case until July 21 for the continuation of the hearing of the application.
Bello’s requests, if granted, would amount to the court reneging on its own bail ruling that Bello’s international passport be deposited with the court.
