Chief Olisa Metuh, on Wednesday approached the Federal High Court in Abuja with an application seeking the release of his International Passport to enable him travel overseas for medical attention.
Mr. Etiaba told the court that his client's health had continued to worsen in the past two months, and that there was urgent need for him to get medical attention from his doctors in London.
He said the granting of the application by the court will speed up the trial as Metuh will have no reason to be absent from court for his trial.
At the resumed hearing, Okon Abang, the judge, granted Metuh's counsel, Emeka Etiaba, a senior advocate of Nigeria, permission to move the application.
Justice Abang further pointed out that that Metuh was yet to appeal both rulings, adding that issues Metuh raised in his present application dated February 23, were the same thing he relied on in the two sacked applications.
Arguing the application for the release of Metuh's travel document yesterday, his counsel, told the court that the instant application was different from the two previous ones, which the court had heard and ruled on.
Etiaba said: "It is not a case where the court will be viewed as being "functus officio" as the new application does not seek to re-open the previous applications, which were determined based on circumstances different from this one".
He said: "We rely on exhibit three, which is a letter from a world renowned neurosurgeon by name Adrian Cassy and the prosecution can bring its team of medical experts to examine the first defendant".
The Prosecutor, Sylvanus Tahir, who declined to speak to newsmen, however, opposed the application on the ground that Mr Metuh had filed similar applications in the past which was not granted.
Tahir therefore urged the court to dismiss the application for lacking in merit and consider it as an abuse of court's process.
According to Tahir, the only thing different about the latest application is the timing because the circumstance, which is the release of worldwide passport on the grounds of ill health remains the same.
The judge had also earlier raised the question as to whether the court as constituted had the power to hear the application seeking the release of Metuh's worldwide passport.
Abang had earlier refused another application seeking permission for Metuh, who appeared in court on a wheelchair, to be absent from the proceedings based on his health.