Contempt: Appeal Court Grants EFCC’s Exparte Motion For Stay Of Proceedings, Fixes May 20 For Hearing
The Court of Appeal has granted an exparte motion for stay of proceedings filed by the Economic and Financial Crimes Commission against the contempt proceeding commenced by the former Governor of Kogi State, Yahaya Bello, against the Chairman of the Commission, Ola Olukoyede.
The Court of Appeal, presided over by Hon. Justice Joseph O.K. Oyewole, consequently granted the EFCC’s application to serve the processes in the Appeal by substituted means on the former Governor.
The Court consequently adjourned the hearing of the motion on notice to May 20, 2024.
The EFCC boss who was summoned to appear before the Kogi State High Court on May 13, 2024, to show cause why he should not be committed to prison for disobeying the Orders of the court, had appealed the Ruling of the trial Court and sought a stay of the proceeding of the Court.
The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion.
Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act.
That same act of the Respondent amounts to Contempt.
EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024, with a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion.
Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the Respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.
