The Court of Appeal in Abuja, on Thursday, nullified the ruling by a Kogi State High Court against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ola Olukoyede, over a contempt case and restraining order filed by former Kogi State Governor Yahaya Bello.
In a lead judgment delivered by a Justice of the Court of Appeal (JCA), Justice Joseph Oyewole, the appellate court held that “ a court of law cannot preclude the EFCC or any Law Enforcement Agency from investigating and prosecuting crime. This is a fundamental jurisdictional point that cannot be shoved aside as it borders on the doctrine of separation of powers. The argument of the Respondent that no ground covers this point cannot stand in view of the instant circumstance”
The EFCC had approached the Court of Appeal to stop the execution of an order of Justice Isa Jamil of the Kogi State High Court, summoning Olukoyede to defend allegations of disobedience of court orders. Besides, the Commission also challenged another order of the court restraining it from harassing, arresting or detaining Bello, pending the determination of the substantive suit.
But the appellate court on Thursday allowed the EFCC’s appeal and overruled Bello’s preliminary objection. The court was of the view that it should not be drawn into the well of technicalities and granted the Commission the authority to continue its prosecution of Bello.
The appellate court also awarded a fine of N1million against the former governor.
Justice Jamil had on April 25, 2024 in an ex-parte ruling ordered that Olukoyede should be summoned to appear before him to answer to a contempt charge.
According to the judge, Bello tendered exhibits before his court that Olukoyede and the EFCC “carried out some acts upon which they have been restrained by this Court on February 9, 2024 pending the determination of the substantive motion on Notice before this Court ”.
Dissatisfied with the order of the Kogi High Court, Olukoyede approached the appellate court for redress and urged it to set aside the lower court’s order.
