The Court of Appeal, Abuja Division, has set aside contempt proceedings initiated by the former Governor of Kogi State, Yahaya Bello, against the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede.
A three-member panel of Justices of the appellate court presided over by Justice Joseph Oyewole, unanimously set aside the proceedings on Thursday while overruling the respondent’s preliminary objection on the ground of technicalities.
The Appeal Court said the trial judge failed to extend the orders of February 9, 2024, in its final judgement delivered on April 9, 2024, and added that the second issue raised by the respondent on the interim order had become an academic exercise.
The court awarded N1 million in costs against the respondent.
The Appellate Court had granted an ex-parte motion for a stay of contempt proceedings filed against the EFCC’s Chairman by former Governor Bello.
The Court had granted the EFCC’s application to serve the processes in the appeal by substituted means on the former Governor and consequently adjourned the hearing of the motion on notice till May 20.
The EFCC boss had been summoned to appear before the Kogi State High Court in May to show cause why he should not be committed to prison for disobeying its orders, but he had appealed the ruling of the trial court and sought a stay of the proceedings of the court.
The Kogi State High Court based its ruling on the premise that the EFCC Chairman carried out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, pending the hearing and determination of the substantive originating motion.
It would be recalled that Justice I. A. Jamil, in a ruling on Suit No. HCL/68M/2024 and Motion No. HCL/190M/2024, ordered that “the said act was carried out by the respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act.
The judge held that the EFCC’s act amounted to contempt.
EFCC operatives had laid siege on the residence of the former governor as early as 8 am on April 17 in a bid to arrest him despite a court order restraining them from taking such action, pending the determination of the originating motion.
Justice Jamil’s order was based on a motion ex-parte filed by Bello through his lawyer, M.S. Yusuf, where he prayed the court for an order to issue and serve the Respondent (EFCC chairman) with Form 49 Notice to show cause why an order of committal should not be made on him.
The lead judgement at the Appeal Court on Thursday was delivered by Oyewole, with Justices A.M. Talba and D. Z. Senchi in agreement.
J.S. Okutepa, SAN and Adanu Emmanuel Ogwiji, Esq., represented EFCC, while Victor Oni, Esq., represented the Respondent in the matter.
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