The Court of Appeal in Abuja, on Friday, halted the execution of an order summoning the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to defend allegations of disobedience to court orders.
A three-member panel of the appellate court presided by Justice Joseph Oyewole, halted the order of Justice Isa Jamil of a Kogi State High Court, while delivering ruling in an ex parte application filed by Olukoyede.
Justice Jamil had in a similar ex parte ruling on April 25, ordered, “That the respondent should be summoned to appear before this court to answer to the contempt charge.”
According to the lower court, the applicant has tendered exhibits “to the effect that the respondent has carried out some acts upon which they have been restrained by this Court on February 9, 2024, pending the determination of the substantive motion on Notice before this Court.
“That the said act was carried out by the respondent in violation of the order which was valid and subsisting when they carried out those acts. That same acts of the respondent amounts to acts of contempt.”
Miffed by the order of the lower court, the EFCC chairman approached the appellate court to challenge the order with the aim of setting it aside.
Pending the hearing of the main suit, the anti-graft agency’s boss, in an ex parte application by his lawyers led by Chief Jibrin Okutepa, prayed the court to stay the alleged contempt proceedings against him.
Besides the motion ex parte, Olukoyede also brought another application seeking for an order to serve the order staying the contempt proceedings as well as the substantive appeal against the ruling of the Kogi State High Court on the respondent/applicant through substituted means.
Delivering the ruling, the appellate court held that the motion ex-parte by the EFCC boss had merit and subsequently issued an order staying the execution of the order and proceedings at the lower court, pending hearing in the Motion on Notice slated for May 20, 2024.
Meanwhile, the court while granting the motion for substituted service ordered that all the processes be pasted on the gate of the last known address of the Respondent at No. 9, Bengazi Street, Wuse, Abuja.
Justice Jamil had on February 9, restrained the commission from harassing, arresting or detaining the former governor of Kogi State, Yahaya Bello, pending the determination of the substantive suit.
However, the commission had on April 17, following an order of a Federal High Court, Abuja, laid siege at Bello’s Abuja residence with the aim of arresting him and presenting in court for prosecution on alleged money laundering charges.
Besides, Justice Emeka Nwite of the Federal High Court, Abuja, which on April 23, ordered service of the money laundering charge against the former governor, will next week decide whether he should vacate the arrest warrant he issued against Bello.
Consequently, the former governor on April 25, returned to the court accusing the anti-graft agency of violating its order, hence should be jailed.
The ex-parte application with No: HCL/190M/2024, was filed and argued by Bello’s lawyer, M.S Yusuf, praying the court to issue and serve the respondent with Form 49 Notice to show cause why Order of committal should not be made on the Executive Chairman of the Respondent — Economic and Financial Crimes Commission (EFCC).
Delivering ruling, Justice Jamil, held that, “haven carefully read the applicant’s prayers in this application, the grounds upon which it its predicated, the affidavit in support of the motion and haven also gleaned through the attached exhibits, and the submission of the applicant’s Counsel as contained in his Written Address:
“It is hereby ordered:
“That the respondent should be summoned to appear before this court to answer to the contempt charge.”
The court subsequently made an order for the issuance of Form 49 — Notice to show cause why order of committal should not be made against the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC).
“An order for service of Form 49 — Notice to show why order of committal should not be made on the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja.”
Meanwhile, the court has fixed May 13, 2024 for Olukoyede to appear before the court in answer to Form 49 ordered to be served on him.
However, until the case is disposed of by the appellate court, the lower court cannot proceed any further.
Alex Enumah
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