Federal High Court, Abuja, on Monday, ordered the release of the international passport of Ali Bello to enable him travel to the UK for medical examination and consultation.
Justice Obiora Egwuatu, in a ruling on Bello’s motion on notice moved by his lawyer, Abubakar Aliyu, SAN, ordered the deputy chief registrar of the court to release his travel documents.
Justice Egwuatu directed Bello to return the international passport to the deputy chief registrar of the court on or before Sept. 15.
The Economic and Financial Crimes Commission (EFCC) had filed an alleged money laundering charge against Bello, Abba Adaudu, Yakubu Siyaka Adabenege and Iyadi Sadat as 1st to 4th defendants respectively.
Although they were arraigned before Justice Egwuatu, they all pleaded not guilty to the charge.
Bello, through his counsel, Aliyu, had, in the motion on notice marked: FHC/ABJ/CR/573/2022, sought an order granting him the permission to travel to the UK for medical checkup.
In the application dated April 2 but filed April 5, the applicant sought two reliefs, including an order releasing his international passport in the custody of the deputy chief registrar of the court.
Bello said the purpose of the routine cardiologic follow-up was to review his medication and undergo cardiac tests scheduled for July of each year and as required based on medical advice.
He said the court had, on two occasions, granted him leave to travel between August 2023 and December 2023 and that he did travel and return the international passport to the deputy chief registrar of the court before the expiration of the times granted.
He, therefore, undertook to return the travel passport as he had always done if leave is granted and upon his return.
He equally undertook to be law abiding in the UK should his application be granted.
But in opposition, the EFCC filed a counter affidavit of five-paragraphs deposed to by Abubakar Salihu Wara on April 19, 2024.
Mr. Rotimi Oyedepo SAN, lead counsel to the anti-graft agency, argued that Bello had not placed any medical report before the court to show the health condition that necessitated the medical appointment.
Oyedepo said that Exhibit ‘A’ attached to the application did not disclose the email address of the sender and the receiver of the said medical appointment and had not exhibited anything to show that Exhibit ‘A’ emanated from London Centre for Advanced Cardiology.
He argued that Bello might tamper with the evidence in the charges against him if the application is granted.
But Bello, in a further affidavit, disagreed with the EFCC’s submission.
Delivering the ruling, the judge asked if Bello had placed enough material before the court to enable the court to grant the application.
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According to Justice Egwuatu, it is on record that this court granted bail to the applicant.
“Since the grant of bail, he has not breached the terms of bail and has been coming to court to stand his trial.
“It is not controverted that this court had on two previous occasions granted the applicant similar prayers.
“On those two occasions, that is, between the 1st to 31st of August 2023 and 17th of December 2023 and 10th January 2024, the applicant did not breach the terms of the permission granted.
“Applicant’s depositions that ‘on the two occasions, I returned my International Passport to the Deputy Chief Registrar of this court was not denied by the respondent (EFCC).
“There is no evidence before this court that the applicant breached the terms of the grant, or the terms of the bail granted to him by this court.
“The grounds for opposing this application now by the prosecution are anchored on Paragraphs 4 (a) to (g) of the counter affidavit.
“I have examined these paragraphs vis-a-vis the response of the applicant”, he said.
The judge said that there was no evidence before the court by the EFCC that the name of the London hospital “and address are not in existence and no contrary evidence disputing the fact that the applicant has a scheduled appointment with the said cardiologist.”
According to him, there is also no evidence before this court that the applicant while on bail did or attempted to interfere with evidence or collude with any person to tamper with evidence.
“The law is trite and clear: facts not disputed or challenged are deemed to have been accepted and/or admitted by the party against whom they are averred.”
“I therefore believe the depositions of the applicant”, the judge said.
Justice Egwuatu further said that a defendant ought to be healthy to be able to stand the rigors of trial.
“It has to be noted that the health of every citizen is very important consideration to the state, whether he is a defendant/suspect or a free man.
“I wholeheartedly subscribe to the view that a defendant should be alive to stand trial and face the just desserts of his crime if he is adjudged guilty as charged.
“As stated by Obadina JCA in Ani vs. State (2002) 11 WRN 53 at 68: it is only the living that can praise God, so also it is only the living that can be tried, convicted and punished for an offence”, he quoted.
The judge subsequently granted Bello’s prayers being sought.
