The Economic and Financial Crimes Commission (EFCC) on Thursday vehemently opposed an application by former Kogi State Governor, Yahaya Adoza Bello, seeking leave of the Federal High Court in Abuja to travel abroad for medical treatment.
Bello, currently standing trial over an alleged ₦80.2 billion money laundering charge, had through his counsel, J.B. Daudu, SAN, filed the application before Justice Emeka Nwite. The former governor is seeking the temporary release of his international passport to enable him seek urgent medical care abroad.
Citing Section 173(2)(a) of the Administration of Criminal Justice Act (ACJA) and invoking the court’s inherent jurisdiction, Daudu told the court that the application was supported by a 22-paragraph affidavit deposed to by Bello, including a medical report and a letter from a consultant cardiologist.
He argued that the defendant had not travelled out of Nigeria in over eight years and now requires urgent medical attention not available even in the hospital he built in Kogi State.
“The issue is not whether there are alternatives in Nigeria but whether the defendant poses a flight risk. He does not. He has no criminal record abroad and is willing to return before the end of August,” Daudu said.
However, the EFCC’s lead counsel, Kemi Pinheiro, SAN, raised strong objections, describing the motion as an abuse of court process. Pinheiro noted that similar applications had been filed before the same court, another division of the Federal High Court, and the FCT High Court, leading to legal confusion.
He argued that the application was technically defective for failing to involve or notify the sureties who guaranteed Bello’s bail; an omission he said could raise issues of liability should the defendant fail to return.
Pinheiro also cited the international scope of the alleged offences, noting that some charges relate to properties in Dubai and bank accounts in the United Kingdom and United States.
“The defendant is already under a red notice and international alert. He could be arrested abroad and extradited, he could be ‘Hushpuppied’ from Dubai,” he said, referencing a high-profile cybercrime case.
The prosecution further questioned the credibility of the medical documents submitted, pointing out that the report lacked the doctor’s qualifications or medical specialization.
Pinheiro dismissed the defendant’s alleged health issues, including low potassium levels and mild hypertension, as manageable within Nigeria, saying, “Bananas and pawpaw can address that. There is no medical urgency justifying international travel.”
He also mocked the irony of Bello opting for foreign care despite having built what he once described as a state-of-the-art hospital in Kogi State.
“From Abuja to Lokoja is a two-hour drive. He should use the hospital he built instead of requesting a six-hour flight,” he said.
In a swift rebuttal, Daudu maintained that the red notice previously issued by the EFCC had lapsed following the defendant’s arraignment. He also argued that the inclusion of sureties in the application was not mandatory and urged the court to exercise its discretion in favour of his client.
Earlier in the proceedings, cross-examination of the fourth prosecution witness (PW4), Aryan Mashelia Bata, a Compliance Officer at Zenith Bank Plc, resumed. The defence queried his jurisdiction over several bank accounts presented as exhibits, some of which fell outside his area of supervision.
Clarifying an earlier issue, PW4 told the court that he was not harassed by security operatives linked to the defendant.
“I wish to place on record that I was not harassed. I only had difficulty finding a seat when I arrived in court,” he clarified.
Following arguments from both sides, Justice Emeka Nwite adjourned the matter to July 3 and 4, 2025, for continuation of trial and fixed July 21, 2025, for ruling on the application for medical travel.
