Yahaya Bello: EFCC’s appeal against restraining order suffers setback as court fails to sit
Hearing on the appeal instituted by EFCC against an interim order of the Kogi State High Court restraining it from arresting former Kogi governor Yahaya Bello, suffered a setback on Monday as the Court of Appeal failed to sit.
The Kogi High Court had given the order pending the determination of the substantive originating motion for the enforcement of Bello’s fundamental human rights.
The appropriateness of the siege on Bello’s residence by operatives of the commission last Wednesday had elicited some debate across the country, particularly with the restraining order still in place.
The EFCC had appealed the order on March 11, 2024 and sought for a stay of execution in Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello.
The Court of Appeal did not grant the stay of execution but fixed Monday, April 22 for hearing.
However, the Kogi High Court, on Wednesday, April 17, 2024, had delivered its substantive judgment in the matter and directed the commission to seek the leave of a superior court before taking further step against Bello.
The judgment was read at about 12 p.m.
As at about 8 a.m. when EFCC laid siege on Bello’s Abuja residence, the interim injunction, which restrained it from arresting or harassing him, among others, was still subsisting.
Justice Isa Abdullahi of the Lokoja High Court had, in his latest verdict, held that: “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”.
He gave an order enforcing the fundamental rights of the applicant to liberty and freedom of movement and fair hearing, by restraining the EFCC from continuing to harass, threaten to arrest or detaining him.
He also gave an order restraining the EFCC from detaining or prosecuting the applicant on the basis of the criminal charges now pending before the Federal High Court, Abuja in suit No. FHC/ABJ/CR/550/2022 between FRN v. Ali Bello & Anor, without prejudice to the power of the said Federal High Court.
The judge also granted an order directing the EFCC not to 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.”
