National Telescope national telescope newspaper
By Abraham Amah
The Economic and Financial Crimes Commission (EFCC) has requested the Court of Appeal in Abuja to withdraw the appeal it had filed seeking to overturn the interim injunction that prevented it from arresting former Kogi State governor, Yahaya Bello.
In a notice of discontinuance dated April 22, the EFCC stated its decision to halt further action on the appeal was due to the fact that the initial order issued by the Kogi State High Court in favor of Bello was no longer applicable. Additionally, the EFCC acknowledged that the appeal against Bello was filed beyond the allowable timeframe as per the law.
The notice of withdrawal read: “The Appellant intends to and hereby completely withdraws the appeal against the respondent in the aforementioned appeal. This withdrawal is based on the fact that on April 17, 2024, the same high court of Kogi state rendered a decision in the case of Alhaji Yahaya Bello Vs EFCC – Suit No: HCL/68m/2024, under Justice A. I. Jamil.”
“The ex parte orders issued by Jamil on February 9, 2024, which are the subject of this appeal, were intended to be in effect until the hearing and determination of the main motion on notice, which was ultimately resolved by Jamil J. on April 17, 2024. Furthermore, the notice of appeal was filed out of the stipulated time, and as such, we request that the appeal be dismissed for being filed out of time and lacking competency.”
Earlier, Bello had sought protection from arrest by approaching the Kogi State High Court to enforce his fundamental rights. The court granted an interim order on February 9, preventing the EFCC from inviting, arresting, or prosecuting Bello related to the charges against him until the suit was resolved.
Although the EFCC appealed to set aside the interim order, the court delivered its judgment on Bello’s substantive case on April 17. Justice Abdullahi ruled that the agency could not take action against Bello regarding the charges without explicit permission from the Federal High Court.
The Kogi State High Court’s judgment affirmed Bello’s rights to liberty, freedom of movement, and fair hearing by restraining the EFCC from harassing, threatening to arrest, or detaining him on the basis of the criminal charges pending before the Federal High Court in Abuja. The court also directed the EFCC to bring any criminal charge against Bello before the Federal High Court or an appropriate court with jurisdiction, emphasizing the need for prior judicial approval before inviting, arresting, or detaining Bello for financial crimes based on reasonable belief.
This development coincided with the issuance of an arrest warrant against the former governor by the Federal High Court in Abuja. Bello faces a 19-count charge related to alleged involvement in money laundering, breach of trust, and misappropriation of approximately N80.2 billion.
