The Court of Appeal in Abuja has halted the execution of an order summoning the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, over allegations of disobedience to court orders.
This move is a temporary reprieve for Olukoyede, who was facing a contempt charge for allegedly violating a court order restraining the EFCC from harassing or detaining former Kogi State Governor Yahaya Bello. A three-member panel of the appellate court presided by Justice Joseph Oyewole, halted the order of Justice Isa Jamil of a Kogi State High Court, while delivering ruling in an ex parte application filed by Olukoyede.
Justice Jamil had previously ordered, “that the respondent should be summoned to appear before this court to answer to the contempt charge.”
The lower court had also stated, “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 acts of the respondent amounts to acts of contempt.”
Miffed by the order of the lower court, the EFCC chairman approached the appellate court to challenge the order with the aim of setting it aside. Pending the hearing of the main suit, the anti-graft agency’s boss, in an ex parte application by his lawyers led by Chief Jibrin Okutepa, prayed the court to stay the alleged contempt proceedings against him.
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Delivering the ruling, the appellate court held that the motion ex-parte by the EFCC boss had merit and subsequently issued an order staying the execution of the order and proceedings at the lower court, pending hearing in the Motion on Notice slated for May 20, 2024.
Justice Jamil had previously restrained the commission from harassing, arresting, or detaining the former governor of Kogi State, Yahaya Bello, pending the determination of the substantive suit. However, the commission had laid siege to Bello’s Abuja residence with the aim of arresting him and presenting him in court for prosecution on alleged money laundering charges.
Consequently, the former governor accused the anti-graft agency of violating its order and prayed the court to jail the EFCC chairman. The ex-parte application was filed and argued by Bello’s lawyer, M.S Yusuf, praying the court to issue and serve the respondent with Form 49 Notice to show cause why Order of committal should not be made on the Executive Chairman of the Respondent — Economic and Financial Crimes Commission (EFCC).
Delivering the ruling, Justice Jamil held, “Having carefully read the applicant’s prayers in this application, the grounds upon which it is predicated, the affidavit in support of the motion, and having also gleaned through the attached exhibits, and the submission of the applicant’s Counsel as contained in his Written Address: ‘It is hereby ordered: That the respondent should be summoned to appear before this court to answer to the contempt charge.'”
The court subsequently made an order for the issuance of Form 49 — Notice to show cause why order of committal should not be made against the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC). “An order for service of Form 49 — Notice to show why order of committal should not be made on the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja.”
The court has fixed May 13, 2024, for Olukoyede to appear before the court in answer to Form 49, Notice to show cause why Order of committal should not be made against him. However, the lower court cannot proceed further until the case is disposed off by the appellate court.