Alex Enumah in Abuja
The Economic and Financial Crimes Commission (EFCC), has withdrew its appeal at the Abuja division of the Court of Appeal, challenging the temporary order restraining it from arresting the immediate past governor of Kogi State, Mr Yahaya Bello, over alleged money laundering offence.
The Notice of Withdrawal, cited by Thisday is dated April 22, and signed by one of the Commission’s lawyer, Jibrin Okutepa, SAN.
Recall that hearing in the appeal on Monday, did not go on due to the ongoing judges conference in Abuja.
EFCC had gone to the appellate court to seek an order staying the exparte order issued by Justice Isa Abdullahi as well as appealing the ruling.
However, on the said date the hearing was supposed to have come up, the anti-graft agency applied to the court to withdraw the appeal.
The applicant predicated its action on the grounds that event has already overtaken the appeal.
The Notice of Withdrawal reads in part: This honourable court take notice that 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 April 17, 2024, the application filed by the appellant herein was overtaken by the decision of the same High Court of Kogi State in the case of Alhaji Yahaya Bello vs, EFCC -Suit No; HCL/68M/2024 Per A.I Jamil.
“The orders made ex-parte by Jamil on the February 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 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. Dated this April 22, 2024”.
Following the withdrawal of the appeal against the exparte order, it is expected that the Commission will now file an appeal against the substantive judgement.
Justice Abdullahi had in the substantive judgement held that: “Looking at the Orders sought by the applicant (Yahaya Bello), I am inclined to grant them subject to some alterations which in my view will meet the justice of this case, in the following terms; An Order is hereby granted enforcing the Fundamental Rights of the applicant to liberty and freedom of movement and fair hearing, by restraining the Respondent (EFCC) by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining or prosecuting the Applicant on the basis of the criminal Charges now pending before the Federal High Court, Abuja to wit; Charge No. FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor, without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.
“An Order is hereby granted directing the Respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or Complaint in respect whereof the Applicant is reasonably believed by the Respondent to have committed any offence subject of its jurisdiction, provided that the Respondent shall not invite, arrest or detain the Applicant on account of a reasonable belief that the Applicant has committed any financial crime, without first obtaining the leave of a superior Court of Record, especially haven regard to the antecedents of the Respondent in the manner it has managed its engagements with the Applicant.”
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