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‘Filed out of time’ — EFCC withdraws appeal against order restraining Yahaya Bello’s arrest
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.
In the notice filed on April 22, the EFCC said the
withdrawal is 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.
“The appellant herein intends to and do hereby wholly
withdraw her appeal against the respondent in the above-mentioned appeal,” the
notice reads.
“This notice of withdrawal is predicated on the fact that on
the 17th of April 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 9th of February
2024 in 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 on the 17th April 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.”
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 Isa Jamil Abdullahi, the presiding judge,
granted an order restraining the EFCC “from continuing to harass, threaten to
arrest or detain Bello”.
However, Abdullahi 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 is still pending.
