Yahaya Bello, former Kogi governor, has gotten a court backing against Ola Olukoyede, chairman of the Economic and Financial Crimes Commission (EFCC) over an alleged money laundering charges against the former governor.
The stay of proceedings in the contempt charge was instituted by the court of appeal in Abuja
A Kogi state high court presided over by Isa Jamil Abdullahi, had ordered Olukoyede to appear before it on May 13 to show why he should not be committed to prison for allegedly disobeying its order restraining the EFCC from arresting or taking any action against Bello.
However, the EFCC chairman filed an appeal against the court summon.
Olukoyede filed two motions — one seeking a stay of execution of the summon — and another one asking to serve processes on Bello via substituted means by pasting the process at his Abuja residence on No 9 Bengazi Steet Wuse Zone 4.
In its ruling on Friday, a three-member panel of justices led by Joseph Oyewole granted the two motions.
The appellate court fixed May 20 for the hearing of the substantive appeal marked CA/ABJ/CV/413/2024.
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” by 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 the presiding judge granted an order restraining the EFCC “from continuing to harass, threaten to arrest or detain Bello”.
However, the judge 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.
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