The Economic and Financial Crimes Commission (EFCC), on Wednesday, in the notice filed on April 22 and signed by its counsel, J.S Okutepa, SAN, withdrew an appeal against an order of a Kogi high court restraining the agency from arresting Yahaya Bello, former governor of the state.
According to Okutepa, SAN, the counsel to EFCC, 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.
“This notice of withdrawal is predicated on the fact that; on the April 17, 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 Feb 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 the 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,” he stated.
Abuja court gives EFCC warrant to arrest ex-Kogi Gov Yahaya Bello as Lokoja court restraining order
The Informant247 had on Wednesday, April 17, reported how the Federal High Court in Abuja granted the Economic and Financial Crimes Commission (EFCC) warrant to arrest the immediate governor of Kogi State, Yahaya Bello.
The warrant was issued following an ex parte motion filed by the EFCC.
Justice Emeka Nwite, in his ruling on the motion, also directed that the former governor be produced before him on Thursday, April 18, for arraignment.
He said, “It is hereby ordered as follows:
“That an order of this honourable court is hereby made directing and/or issuing a warrant for the immediate arrest of the defendant to bring him before this honourable court for arraignment.
“That case is adjourned to the 18th day of April 2024 for arraignment.”
Earlier, a Lokoja High Court restrained the EFCC from arresting, detaining, and prosecuting the immediate past governor of Kogi State.
Meanwhile, the incumbent governor of Kogi State, Usman Ododo, on Wednesday, helped the embattled former governor of the state escape arrest by operatives of the EFCC.
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 Abuja Federal High Court.
The EFCC is seeking to prosecute 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 arrest warrant 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.
NAN
