In an attempt to arraign former Kogi governor, Yahaya Bello, for an alleged N80.2 billion fraud, the legal battle over the Economic and Financial Crimes Commission’s (EFCC) is set to kick off on Monday at the Court of Appeal in Abuja.
The appellate court will hear the EFCC’s plea to overturn an interim injunction from a High Court in Kogi, which prevented the EFCC from arresting Bello. Justice Emeka Nwite of the Federal High Court, Abuja, will deliver a ruling on Tuesday regarding the EFCC’s request to serve the charge on Bello through substituted means.
However, the EFCC faces an uphill legal battle as it challenges the interim restraining order issued by Justice Isa Abdullahi of the Kogi High Court on February 9. The EFCC argues that the lower court lacked jurisdiction to shield Bello from legal action.
Despite this, the EFCC’s appeal encounters further complications, as the Kogi High Court delivered a substantive judgment on April 17. The judgment directs the EFCC to seek permission from the Court of Appeal before taking any further steps against Bello.
Justice Abdullahi’s recent ruling granted orders to uphold Bello’s fundamental rights, including liberty, freedom of movement, and fair hearing. These orders restrain the EFCC from harassing, threatening, arresting, detaining, or prosecuting Bello based on pending criminal charges before the Federal High Court in Abuja. The decision by the Kogi High Court requires the EFCC to challenge the fresh substantive judgment and secure rulings from the appellate court before proceeding with any action against Bello.
