The Economic and Financial Crimes Commission (EFCC) has withdrawn its application at the Court of Appeal against the embattled former Governor of Kogi State, Yahaya Bello.
The anti graft agency said the notice of withdrawal is predicated on the fact that the application filed has been overtaken by the decision of the Kogi State High Court.
This was made known in a court application filed on Tuesday at the Court of Appeal Abuja judicial division by J. S. Okutepa, SAN and others on behalf of the Commission.
The Commission said the subject of the appeal had been determined by the Kogi High Court Judge, Justice Jamil J., on April 17, 2024.
The EFCC, therefore, told the court that the notice of appeal was filed out of time and now prays that the appeal be struck out as incompetent.
It said: “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.”
On February 8th, 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 judgement on the substantive motion on notice on April 17. The presiding judge, Isa Jamil Abdullahi, 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.