Justice Hamza Mu’azu of the Federal Capital Territory High Court, Maitama, Abuja on Tuesday, July 16, 2024, dismissed the application of a former governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, for leave from the court to travel to the United Kingdom for medical examination.
The judge said that there was no evidence to show that the defendant is plagued by any ailment.
Emefiele had, through his lawyer, Labi-Lawal, on Monday, July 8, filed an affidavit seeking the release of his passport to enable him embark on a UK medical trip, which was opposed by the Economic and Financial Crimes Commission (EFCC) through its prosecution counsel, Muhammad Abbas Omeiza.
Omeiza, through a counter-affidavit, told the court that there was no medical report before it that showed that the defendant was plagued by an ailment, and if there was, no evidence was advanced by the defence to show that it could not be treated locally in Nigeria.
In addition, the prosecution counsel noted that Emefiele deposited his passport with the court as part of the fulfilment of his bail conditions, arguing that releasing it to him would amount to the court varying his bail conditions.
Arguing also that Emefiele was a flight risk, the prosecution counsel noted that “the defendant has co-conspirators all over the world.
“One Anita and Tony are all aides of the defendant who are currently in the UK. The defendant might be tempted to jump bail because he is standing trial in three different courts.”
In response, the defence counsel dismissed the prosecution’s arguments as speculative, noting that the EFCC could issue an international red alert on Emefiele to enable his arrest if he made the foreign medical trip and refused to come back.
In dismissing the application on Tuesday,, Justice Mu’azu held that there was no medical report indicating that Emefiele was plagued by any ailment, and that the fact that he is standing trial in three different courts was fatal to the application.
“It is an exercise of the court’s discretion to allow the defendant to go on a medical trip.
“The defendant through his counsel undertook an affidavit to produce him in court, and his offences are bailable and where there is need for the court to grant him the application to travel, the court should do so.
“But as it is, I failed to see any letter of medication in the defendant’s applications.
“As it stands, I cannot exercise my discretion to allow the defendant to travel out of the shores of the country, moreover he is also standing trial in three other courts, therefore the application has failed, and hereby dismissed,” the judge held.
The EFCC is prosecuting Emefiele on 20-count amended charges bordering on conferment of corrupt advantages, conspiracy, criminal breach of trust, forgery and obtaining by false pretences to the tune of $6.23 million.
