The request by former Kogi State Governor, Yahaya Bello, to embark on a foreign medical trip has been rejected by the Federal High Court, sitting in Maitama, Abuja.
Naijaonpoint reports that the request was rejected by the court, which was presided over by Justice Emeka Nwite.
Amidst the ongoing trial of Bello alongside his nephew, Ali Bello, Dauda Suleiman and Abdulsalam Hudu on 19- count charges, bordering on money laundering to the tune of ₦80, 246,470, 088.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eight Nine Naira, Eighty Eight Kobo) by the Economic and Financial Crimes Commission (EFCC), the former Kogi State Governor had requested the release of his passport to enable him travel to the United Kingdom for medical treatment.
However, Justice Nwite rejected Bello’s application on the grounds that Bello has not put forward sufficient materials before the court to show that local health facilities cannot manage his health condition; that the medical doctor in the Confluence University of Science and Technology that diagnosed him did not state his area of medical competence; that the letter of invitation from the UK medical consultant was not signed and therefore, worthless in the eyes of the law; that Bello wants to leave Nigeria and go to UK to treat hypertension without putting forward any evidence to show that there has been a deterioration of the ailment.
The former Governor had, through his lawyer, J.B. Daudu (SAN), requested the release of his passport to enable him to travel overseas for medical treatment.
However, prosecuting counsel, Kemi Pinheiro (SAN), strongly objected to the application, describing it as an abuse of court process. He argued that Bello had previously filed similar applications before the FCT High Court, seeking the same relief, which he said was improper and confusing.
He also pointed out the irony that Bello had boasted during his tenure of building an ultra-modern hospital in Kogi State.
“From Abuja to Lokoja is two hours. I advise him to visit that hospital rather than take a six-hour flight abroad,” he said.
In his ruling on Monday, Justice Nwite rejected Bello’s application.
“The defendant applicant is praying for a temporary release of his passport to him, so that he could obtain a visa to travel to the United Kingdom for medical treatment. The defendant presented before this honorable court two documents marked as Exhibit A and B to show that he is seriously sick and has booked an appointment with a consultant cardiologist in London. Exhibit A is a medical report from Confluence University of Science and Technology Teaching Hospital, Okene, Kogi State and Exhibit B is an outpatient appointment letter from the Physician Clinic Limited, London. A careful reading of the same Exhibit A and B would reveal that Exhibit A was signed by one Dr. Oyerele Otuma for consultant in-charge. From Exhibit A, the following are glaring, one, Dr. Oyeleye Otuma is not the doctor that examined the defendant applicant, two, the name of the consultant whom Dr. Oyeleye claimed examined the defendant applicant was not mentioned; three the qualification of the consultant whom Dr. Oyeleye said carried out the examination cannot be ascertained in order to determine whether any of them can make such report. This is because not all persons or medical personnel can make a medical report on any ill health. I always think that it is only when the appellant shows by medical text or report that an ill health cannot be handled by any hospital in Nigeria that he can apply to travel for such medical treatment. It is necessary for the appellant to show special circumstances before this type of application can be granted.”
“Again a careful look at Exhibit B would reveal that it was not signed by the author of the letter. An unsigned document is a worthess paper. A document which is not signed does not serve any efficacy in law. The position of the law is that a document which is not signed is of no efficacy, it is worthless, a worthless document cannot be effective. In other words, Exhibit B is worthless, which this court cannot place reliance on. There is nothing placed before this court that shows in a clear terms that a Nigerian medical facility cannot appropriately handle the ill health of a defendant applicant.
“In the instant situation, what the defendant applicant is asking the court for is to exercise its discretion in order to facilitate the overseas process of the treatment of his ill health, which is hypertension. This ill health, referred to in my opinion, had not been shown to be serious enough that a Nigerian medical facility cannot handle when taken into account that the defendant applicant is standing trial before this honorable court”
“In view of the foregoing, I am of the view, and I so hold that the defendant applicant has failed to place sufficient criteria before this honorable court in order to enable this court to release the international passport of the applicant to him for the purpose of traveling abroad for medical treatment. Consequently, this application is hereby refused. This is the ruling of this court,” the judge said.