TheCable

A Kogi high court has ordered Ola Olukoyede, chairman of the Economic and Financial Crimes Commission (EFCC), to appear before it on May 13 to show why he should not be committed to prison for allegedly disobeying its order.

Isa Jamil Abdullahi, the presiding judge, gave the order on Friday while ruling in the suit No: HCL/68M/2024 and motion No: HCL/190M/2024, brought before him by Yahaya Bello, former Kogi governor.

BACKGROUND

On February 8, Bello instituted a fundamental rights enforcement suit, asking 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 interference with his right to liberty, freedom of movement, and fair hearing”.

The former governor also sought an order “restraining the respondent by themselves, their agents, servants or privies 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 because the court could not stop the commission from carrying out its statutory responsibility.

The Kogi high court delivered judgment on the substantive motion on notice on April 17 wherein the presiding judge granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”.

However, the judge directed the commission to file a charge against Bello before an appropriate court if it had reasons to do so.

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.

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.

At the scheduled arraignment on April 18, Bello was absent.

At the court session, Abdulwahab Mohammed, counsel to Bello, told  Emeka Nwite, the presiding judge, that the court lacked jurisdiction to grant the warrant of arrest in the first instance.

He referenced the February 9 interim injunction issued by the Kogi high court, adding that the appeal filed by the EFCC was still pending.

However, the EFCC has filed a notice to withdraw the appeal.

In the notice filed on April 22, the anti-graft agency said the withdrawal was 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.

CONTEMPT OF COURT

Bello approached the court, praying for an order to issue and serve the respondent (EFCC chairman) with “form 49 notice” to show cause why an order of committal should not be made on him.

The judge, after listening to the arguments of the applicant’s counsel, the submission and the exhibits attached in the written address, granted Bello’s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.

“The applicant’s application before me is to the effect that the respondent has carried out some acts upon which they have been restrained by this court on February 9, pending the determination of the substantive motion on notice before this court,” the judge held.

“That the said act was carried out by the respondent in violation of the order which was valid and subsisting when they carried out those acts. That same act of the respondent amounts to an act of contempt.

“It’s against the above facts that this court hereby grants the prayers sought in line with the principle of ‘Audi Ultra Patem’ (listen to the other side).

“This matter is adjourned to May 13 for the respondent’s chairman to appear before this court in answer to form 49 ordered to be served on him.”