The Court of Appeal in Abuja on Thursday dismissed a previous ruling by a Kogi State High Court against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ola Olukoyede, concerning a contempt case and restraining order filed by former Kogi State Governor, Yahaya Bello.
In a lead judgment delivered by Justice Joseph O.K. Oyewole, the appellate court held that “a court of law cannot preclude the EFCC or any Law Enforcement Agency from investigating and prosecuting crime.”
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“This is a fundamental jurisdictional point that cannot be ignored as it pertains to the doctrine of separation of powers. The Respondent’s argument that no ground covers this point cannot stand in light of the current circumstance,” the judge ruled.
The EFCC had approached the Court of Appeal to halt the execution of an order by Justice Isa Jamil of the Kogi State High Court, which summoned Olukoyede to defend against allegations of disobedience of court orders.
The anti-graft agency also challenged another court order restraining it from harassing, arresting, or detaining Bello pending the determination of the substantive suit.
The appellate court on Thursday allowed the EFCC’s appeal and overruled Bello’s preliminary objection.
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The court stated that it should not be bogged down by technicalities and granted the Commission the authority to continue its prosecution of Bello.
The appellate court also imposed a fine of N1,000,000.00 (One Million Naira) against Yahaya Bello.
Previously, on April 25, 2024, Justice Jamil had ordered in an ex parte ruling that Olukoyede should be summoned to appear before him to answer to a contempt charge.
Bello had submitted exhibits to the court claiming that Olukoyede and the EFCC “carried out some acts which this Court had restrained on February 9, 2024, pending the determination of the substantive motion on Notice before this Court.”
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