By Anthony Ochela, Abuja
Justice Maryann Anenih of the Federal Capital Territory, FCT, High Court adjourned ruling on an application filed by the immediate past governor of Kogi State, Yahaya Bello, seeking to travel out of the country on health grounds.
At the resumed hearing of the money laundering case filed by the Economic and Financial Crimes Commission, EFCC, against the former governor, his counsel, Joseph Daudu (SAN) told the court that he had an application dated June 19 and filed on June 20.
“It seeks an order for the release of the first defendant/applicant’s international passport by the registrar to enable him travel for medical attention,” he said.
The counsel said the application was supported by an affidavit of 13 grounds in the face of the motion and supported by a 22-paragraph affidavit deposed to by the applicant himself.
EFCC’s counsel had filed a counter-affidavit, saying granting the request could delay further proceedings.
Daudu, in response to the prosecution’s counter affidavit, said the defendant’s team had also filed a further affidavit of 20 paragraphs, filed on July 7 and deposed to by the applicant himself with two exhibits.
“Exhibit C is the CTC of the ruling of your lordship admitting the defendant to bail and Exhibit D is the ruling of the Federal High Court, FHC, admitting him to bail.
“We adopt these documents in urging your lordship to grant our application,” he stated.
Responding to the prosecution’s argument that the application was an abuse of court process in the sense that a similar application was filed at the FHC, he argued that it could not be an abuse of court process.
He hinged his argument on the fact that it was the complainant that instituted those charges in separate courts.
The prosecution counsel, Chukwudi Enebele (SAN), while defending EFCC’s counter-affidavit, said the defendant should have put his sureties on notice with regard to his application to travel out of the country.
According to him, the sureties need to decide whether they would want to continue to stand as sureties for him when he travels.
He added that by filing the same application at the FCT High Court and the Federal High Court, the defendant’s counsels are setting the courts on a collision course.
Responding, Daudu said on the issue of suretyship, the sureties are already aware.
After listening to both parties, Justice Anenih adjourned the case to July 17 for ruling.
