The Court of Appeal in Abuja has overturned a previous ruling by a Kogi State High Court against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ola Olukoyede. This ruling was related to a contempt case and restraining order filed by the former Governor of Kogi State, Yahaya Bello.
In a lead judgment delivered by Justice Joseph O.K. Oyewole on Thursday, June 13, 2024, the appellate court emphasized that “a court of law cannot preclude the EFCC or any law enforcement agency from investigating and prosecuting crime. This is a fundamental jurisdictional point that cannot be ignored as it pertains to the doctrine of separation of powers. The respondent’s argument that no ground covers this point cannot stand given the current circumstances.”
The EFCC had appealed to the Court of Appeal to halt the enforcement of an order by Justice Isa Jamil of the Kogi State High Court, which summoned Olukoyede to defend against allegations of disobeying court orders. Additionally, the Commission challenged another order restraining it from harassing, arresting, or detaining Bello pending the determination of the substantive suit.
On Thursday, the appellate court upheld the EFCC’s appeal, overruling Bello’s preliminary objection. The court emphasized that it should not be entangled in technicalities, thereby granting the Commission the authority to continue its prosecution of Bello. Additionally, the court imposed a fine of N1,000,000 (One Million Naira) on the former governor.
Previously, on April 25, 2024, Justice Jamil had issued an ex parte ruling summoning Olukoyede to appear before him to answer a contempt charge. Bello had presented exhibits in court alleging that Olukoyede and the EFCC had undertaken actions contrary to a restraining order issued by the court on February 9, 2024.
Dissatisfied with the Kogi High Court’s order, Olukoyede sought relief from the appellate court, aiming to have the lower court’s order set aside. The judgment on Thursday by the Court of Appeal has definitively resolved the charges brought by Bello against the EFCC and its Chairman.
