The Economic and Financial Crimes Commission (EFCC) has filed a notice of withdrawal, seeking to discontinue an appeal against an order of a Kogi High Court in Lokoja restraining the commission from arresting former Kogi State Governor Yahaya Bello.
In the notice filed on April 22 and signed by its lawyer , J.S Okutepa (SAN), the EFCC said the withdrawal is predicated on the fact that events have overtaken the appeal.
The commission also admitted that the appeal was filed out of the time allowed by law.
The notice reads in part, “The appellant herein intends to and do hereby wholly withdraw her appeal against the respondent in the above mentioned appeal.
“This notice of withdrawal is predicated on the fact that; on the April 17, 2024, the application filed by the appellant herein was overtaken by the decision of the same High Court of Kogi State.
“The orders made ex-parte by Jamil Abdullahi on the February 9, 2024 in the said suit which is the subject of this appeal, was 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.
“Furthermore, the notice of appeal was filed out of time and we, therefore, pray that the appeal be struck out for being filed out of time and incompetent.”
It is important to note that Bello had on February 8, 2024, instituted a fundamental rights enforcement suit before the Kogi High Court , asking it 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 former governor also sought an order “restraining the respondent and their agents from continuing to harass, threaten to arrest or detain him”.
On February 9, the Kogi High Court granted 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 filed an appeal against the interim injunction on the grounds that the court could not stop the commission from carrying out its statutory responsibility.
But Justice Isa Jamil Abdullahi of Kogi High Court on April 17, 2024, delivered his judgment In the substantive motion on notice and granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”.
Justice Abdullahi also directed the EFCC to file a charge against Bello before an appropriate court if it had reasons to do so, saying that the commission must first seek the leave of the higher court (the Court of Appeal) before it could take further action against Bello.
Incidentally, the judgment coincided with the recent “siege” laid on the Abuja residence of Bello by EFCC operatives seeking to arrest him.
The commission had also obtained a warrant of arrest against the former governor from the Federal High Court in Abuja while the lawyers to Bello had opposed the arrest warrant on the grounds of lack of jurisdiction.
The EFCC is seeking to arraign Bello on 19-count charge of alleged money laundering, breach of trust and misappropriation of about N80.2 billion.
Justice Nwite has adjourned the matter till April 10, 2024.
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