A Federal Capital Territory High Court on Thursday clarified that the international passport of the immediate past Governor of Kogi State, Yahaya Bello, is not in its custody.
The clarification followed an application filed by Bello seeking the temporary release of his international passport to enable him to travel abroad for medical treatment.
Bello’s lead counsel, Mr J.B. Daudu (SAN), argued the application for the release of the travel documents at the previous sitting, grounding his request on 13 legal premises.
He noted that the court had, in a ruling delivered in December 2024, stated that the defendant could approach the court with a formal application should he wish to travel.
He said that the ruling neither expressly prohibited foreign travel nor imposed any specific conditions for it.
Daudu also referred to a Certified True Copy of the court’s earlier bail ruling—admitted as Exhibit C—and argued that the current application aligned with the court’s established position.
He maintained that Bello had consistently attended court proceedings, posed no flight risk, and had duly informed his sureties of his intention to travel.
However, the Economic and Financial Crimes Commission(EFCC) opposed the application through a 45-paragraph counter-affidavit.
The Commission described the application as an abuse of court process, noting that Bello had filed a similar request before the Federal High Court, which is yet to be ruled upon.
The EFCC contended that seeking the same relief in two separate courts simultaneously risks conflicting decisions and undermines judicial integrity.
“The passport sought to be released is not before this court,” the prosecution stated.
They further argued that the Federal High Court’s order preceded the current case and urged the FCT High Court not to issue any directive concerning a document it does not possess.
Persecondnews recalls that Bello and two others are currently facing trial over the alleged misappropriation of Kogi State funds amounting to N110.4 billion during his tenure as governor.
He is also standing trial in a similar case before Justice Emeka Nwite of the Federal High Court in Abuja over alleged fraud amounting to N80.2 billion.
At the resumed hearing of the money laundering suit instituted by the EFCC, Justice Maryanne Anenih held that the court would have considered the application for the release of the defendant’s travel document if it were in its custody.
The court noted that, however, the passport is in the custody of the Federal High Court in Abuja.
Justice Anenih explained that even if the request were granted, it would be ineffective since the passport is not held by the FCT High Court but by the Federal High Court before Justice Nwite.
“A review of the court’s record revealed that the applicant had previously been ordered to deposit his international passport and other travel documents with the court’s registry.
“However, upon further enquiry and search conducted by the court, it was discovered that the said international passport is not presently in the custody of the court’s registry but with the Federal High Court,” Justice Anenih said.
She also said: “The defendant even deposed to an affidavit stating that his passport had been deposited with the Federal High Court following a bail granted to him.
“The simple logic is that the passport cannot be in the custody of two different courts at the same time. Since the defendant has admitted depositing it with the Federal High Court, there is no reason for this court to make any order in that regard.
“Courts do not make orders in vain. Therefore, this court will not make an order that would have no effect, as the passport in question is not with this court but with the Federal High Court.”
Bello had also acknowledged in his application that the travel documents were with the Federal High Court.
Meanwhile, Daudu had earlier confirmed that the international passport being requested was not in the FCT High Court’s custody.
Following the ruling, Justice Anenih adjourned the case until October 8, 9, and November 13, 2025, for further hearing.
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