The Court of Appeal in Abuja has overturned a previous ruling from a Kogi State High Court against the Economic and Financial Crimes Commission (EFCC) and its Chairman, Ola Olukoyede. This case, initiated by former Kogi State Governor Yahaya Bello, involved a contempt charge and a restraining order.
In the lead judgment, Justice Joseph O.K. Oyewole emphasized that no court can prevent the EFCC or any law enforcement agency from investigating and prosecuting crimes. He underscored the importance of the separation of powers, stating, “This is a fundamental jurisdictional point that cannot be ignored.”
The EFCC had appealed to the Court of Appeal to stop the execution of Justice Isa Jamil’s order, which summoned Olukoyede to defend allegations of court order disobedience. Additionally, the EFCC challenged an order preventing it from arresting or detaining Bello until the main case was resolved.
The appellate court granted the EFCC’s appeal, dismissed Bello’s preliminary objection, and affirmed the Commission’s authority to proceed with its prosecution of Bello. Moreover, the court imposed a fine of N1,000,000.00 (One Million Naira) on Yahaya Bello.
This decision follows Justice Jamil’s April 25, 2024, ex parte ruling, which had ordered Olukoyede to appear before him for a contempt charge. Bello had presented evidence alleging that Olukoyede and the EFCC acted contrary to a restraining order issued on February 9, 2024.
