The Economic and Financial Crimes Commission (EFCC) has requested the Court of Appeal in Abuja to withdraw the appeal it filed to overturn the temporary injunction preventing it from arresting former Kogi State governor, Yahaya Bello.
The EFCC stated in a notice dated April 22 that it has decided to stop pursuing the appeal because the original court order in Bello’s favor is no longer relevant.
Additionally, the EFCC acknowledged that the appeal against Bello was filed after the legal deadline.
A copy of the notice read: “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 17th April 2024, the application filed by the appellant herein was overtaken by the decision of the same high court of Kogi state in the case of Alhaji Yahaya Bello Vs EFCC- Suit No: HCL/68m/2024, per A. I. Jamil.
“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 J. 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.”
Having gone to the Kogi State High Court to protect his rights and avoid being arrested, the court issued a temporary order on February 9 to prevent the EFCC from arresting or prosecuting Bello until the case was resolved.
The EFCC tried to appeal this order, but on April 17, the court made a final decision on Bello’s case. Justice Abdullahi stated that the EFCC cannot take action against Bello without permission from the Federal High Court.
“Looking at the orders sought by the Applicant (Yahaya Bello), I am inclined to grant them subject to some alterations which in my view will meet the justice of this case, in the following terms;
“An order is hereby granted enforcing the Fundamental Rights of the applicant to liberty and freedom of movement and fair hearing, by restraining the Respondent (EFCC) by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining or prosecuting the Applicant on the basis of the criminal Charges now pending before the Federal High Court, Abuja to wit; Charge No.
“FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor, without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.
“An Order is hereby granted directing the Respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or Complaint in respect whereof the Applicant is reasonably believed by the Respondent to have committed any offence subject of its jurisdiction, provided that the Respondent shall not invite, arrest or detain the Applicant on account of a reasonable belief that the Applicant has committed any financial crime, without first obtaining the leave of a superior Court of Record, especially haven regard to the antecedents of the Respondent in the manner it has managed its engagements with the Applicant,” the Kogi state high court held.
The ruling was made on the same day that the Federal High Court in Abuja issued an arrest warrant for the ex-governor.
Bello is accused of 19 counts related to money laundering, breach of trust, and misusing funds totaling around N80.2 billion.
