The Economic and Financial Crimes Commission (EFCC) has retracted its appeal lodged at the Court of Appeal against the beleaguered ex-Governor of Kogi State, Yahaya Bello. The EFCC stated that the withdrawal is based on the fact that the Kogi State High Court’s decision has superseded the application filed.
This information was disclosed in a court application submitted on Tuesday at the Court of Appeal Abuja judicial division by J. S. Okutepa, SAN and others representing the Commission.
The Commission stated that the appeal’s subject matter had been resolved by the Kogi High Court Judge, Justice Jamil J., on April 17, 2024.
Consequently, the EFCC informed the court that the notice of appeal was submitted late and now requests that the appeal be dismissed as incompetent.
The EFCC stated: “The appellant intends to and hereby completely withdraws her appeal against the respondent in the aforementioned appeal.
“This withdrawal notice is based on the fact that; on April 17, 2024, the application submitted by the appellant was superseded by the same high court of Kogi state’s decision.
“The orders made ex parte by Jamil on February 9, 2024, in the said suit, which is the subject of this appeal, were made to last pending the hearing and determination of the originating motion on notice which was finally determined by Jamil J. on April 17, 2024.
“Moreover, the notice of appeal was submitted late and we, therefore, request that the appeal be dismissed for being submitted late and incompetent.”
On February 8th, Bello filed a fundamental rights enforcement suit, requesting the court to declare that “the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution” of the EFCC — “without any formal invitation — is politically motivated and interference with his right to liberty, freedom of movement, and fair hearing”.
The ex-governor also requested an order “restraining the respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain him”.
On February 9, the Kogi High Court issued an interim injunction restraining the EFCC from “continuing to harass, threaten to arrest, detain, prosecute Bello, his former appointees, and his staff or family members, pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights”.
On March 12, the EFCC appealed against the interim injunction because the court could not prevent the commission from performing its statutory duty.
The Kogi High Court delivered judgement on the substantive motion on notice on April 17. The presiding judge, Isa Jamil Abdullahi, issued an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello.” However, the judge instructed the commission to file a charge against Bello before an appropriate court if it had reasons to do so.
