THE Court of Appeal, Abuja Division, has set aside the contempt proceedings instituted by the immediate past governor of Kogi State, Yahaya Bello, against the Chairman of the Economic and Financial Crimes Commission, Ola Olukoyede.
The three-man panel of Justices- A.M. Talba, D. Z. Senchi and Joseph Oyewole- in a unanimous judgment, read by Justice Oyewole, set aside the proceedings, overruled the respondent’s preliminary objection, citing technicalities.
The held that the High Court Judge failed to extend the orders of February 9, 2024 in its final judgment of April 17, 2024, thereby making the second issue raised by the respondent on the interim order an academic exercise.
The court awarded N1million cost against the respondent (Bello).
Recall that the appellate court, presided over by Justice Oyewole, had granted an ex-parte motion for a stay of contempt proceedings filed against the EFCC boss by Bello, following EFCC’s application from a team of lawyers, led by Jibrin Okutepa (SAN), to serve the processes in the appeal by substituted means on the former governor.
Olukoyede was 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, on the basis that the EFCC chair 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.
The said action was EFCC’s siege laid on the former governor’s Abuja residence after it had ruled in Bello’s favour in the fundamental human rights suit he filed before the court.
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 EFCC’s act amounted to contempt.
The EFCC boss, however, appealed the High Court ruling, seeking a stay of the proceedings of the court.
