The Economic and Financial Crimes Commission (EFCC), has filed a notice of withdrawal to discontinue an appeal against an order of a Kogi high court restraining the agency from arresting Yahaya Bello, former governor of the state.
The notice was filed on April 22, with the EFCC admitting that the appeal was filed out of the time allowed by law.
“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 on the Feb 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 the 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” the EFCC counsel stated.
Although, the former governor instituted a fundamental rights enforcement suit on Feb 8, praying the court 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 a violation of his right to liberty, freedom of movement, and fair hearing”.
Bello also asked the court to grant an order of injunction against EFCC and privies from threatening to arrest him.
However, on Feb 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”.
The EFCC responded by filing an appeal against the interim injunction, insisting in its statutory duties.
The Kogi high court delivered judgment on the substantive motion on notice on April 17 where the presiding judge, Isa Jamil Abdullahi granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”, directing the anti-graft agency to file a charge against Bello before an appropriate court if it had reasons to do so.
The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.
saharandaily