Kogi court summons EFCC chairman over attempt to arrest Yahaya Bello

A Kogi High Court has ordered the chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to appear before it on May 13 over alleged contempt of court. According to the court, Olukoyede will need to prove why he should not be committed to prison for allegedly disobeying its order over an attempt to arrest the former Kogi governor, Yahaya Bello. The presiding judge, Isa Jamil Abdullahi, gave the order on Friday while ruling in the suit No: HCL/68M/2024 and motion No: HCL/190M/2024, brought before him by Bello. Recall that 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 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. 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 was still pending. However, the EFCC has filed a notice to withdraw the appeal. In the notice filed on April 22, the anti-graft agency said the withdrawal was predicated on the fact that events have overtaken the appeal.

Court Adjourns Suit Challenging Olukoyede As EFCC Chairman To 2024

The Federal High Court, Abuja has fixed February 22, 2024, for hearing in the suit challenging the appointment of Mr Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC).Justice Obiora Egwuatu stated this on Wednesday after the parties agreed that the date was convenient for all.When the matter was called, the plaintiff, Mr Victor Opatola, a lawyer who chose to represent himself, told the court that he had received the preliminary objections to the suit from the Federal Government and the Attorney-General of the Federation.Opatola, however, said that he had yet to receive any process from the National Assembly (NASS) and the EFCC chairman.The counsel representing NASS, Mr Israel Obaniyi told the court that the legal department of the Assembly passed the information to his team only on Tuesday.He said he would peruse the brief and file his response before the next adjourned date.The EFCC lawyer, Mr R.O Adakole also told the court that he would also put his house in order before the next adjourned date.The judge subsequently adjourned the matter until February 22, 2024.Opatola, an Abuja-based lawyer had dragged the federal government, NASS and Attorney-General to court over alleged illegal appointment of Olukoyede, as the Chairman of EFCC.The lawyer in the suit was challenging the validity of the appointment of the EFCC chairman.The lawyer asked the court to determine whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who had not fulfilled the conditions of the Act, could be validly appointed as the EFCC chairman.He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC could be said to be above the rank of assistant commissioner of police or its equivalent.“Whether by the true construction and interpretation of Section 2(1) (a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.“Whether by the true construction and interpretation of Section 2(1) (a) (ii) (iii) of the EFCC Act 2004, the national assembly can validly confirm the appointment of Olukoyede who has not fulfilled the provisions of the law.”Opatola also prayed the court to make further declarations upon the determination of the above questions.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.“A declaration that pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, any confirmation of the 4th defendant’s appointment made by the national assembly is void and of no legal consequence.”The counsel also asked the court for an order of perpetual injunction restraining the national assembly from confirming the appointment of the EFCC chairman.He further prayed to the court for an order of perpetual injunction restraining Olukoyede from holding office as chairman of EFCC.