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A Federal High Court in Abuja on Wednesday rejected the request by Olisa Metuh, asking for the release of his passport to enable him travel to the United Kingdom for medical treatment.
Justice Okon Abang said that counsels to Metuh failed to produce any evidence that his spinal cord-related ailment which he sought to treat at London Royal Hospital could not be treated in any of the nation’s teaching hospitals and the new hospital in Akwa Ibom State, which he said had been adjudged to be of international standard.
He held that Metuh could not ask for the release of his passport as of right without placing sufficient materials before the court.
Abang held that the court lacked jurisdiction to order the release of Metuh’s passport having earlier directed that it should be deposited with the Chief Registrar of the Court throughout the period of the PDP spokesperson’s ongoing trial.
“The law is settled and required no restatement that when a court has made an order, the court lacks jurisdiction to set aside the order or vary the order,” Justice Abang ruled.
Justice Abang also ruled that the prosecution – the Economic and Financial Crimes Commission – having expressed fear that Metuh could jump bail, “the court must be very careful in deciding such complex application.”
“What the court needs to do is to balance the conflicting rights of parties,” the judge ruled.
The judge ruled, “This is not a sentimental issue. This is not the issue of sympathy. It is purely an issue of the law.
“Chief Olisa Metuh cannot casually apply for the release of his passport as of right.