By Abiola Olawale
The Court of Appeal in Abuja on Monday did not sit to hear the appeal initiated by the Economic and Financial Crimes Commission (EFCC), challenging the order of a Kogi High Court which restrained the anti-graft agency from arresting the immediate-past governor of Kogi state, Yahaya Bello.
The scheduled hearing was stalled because of the absence of the presiding judge of the Appellate Court.
It was gathered that the Judge was absent because of a conference organized for Justices of the Court by the National Judicial Institute (NJI) which was holding at the same time.
The New Diplomat had reported that the EFCC had approached the Appeal Court, seeking an order setting aside an interim order delivered by a Kogi state High Court judge, I. A Jamil, in a ruling on Wednesday, April 17, restraining the anti-graft agency from arresting, detaining, and prosecuting Bello.
Dissatisfied with the restraining order, the EFCC, in the appeal marked CA/ABJ/PRE/RDA/CV/165MI, the anti-graft agency contested the court order because it is a body created by statute to carry out functions specified in its Establishment Act and empowered to investigate and prosecute economic crimes as set out under sections 6 and 7 of the EFCC Act.
The EFCC faulted the order of the lower court, describing it as an obstruction.
“The orders granted ex parte on the 9th of February 2024 constitute a clog in the progress of the appellant/applicant’s performance of its statutory functions and duties under the EFCC Act 2004,” the EFCC said.
It would be recalled that the faceoff between Bello and EFCC has been generating contradicting court judgments.
The EFCC had obtained an arrest warrant against Bello. The arrest warrant was granted by the Federal High Court in Abuja, on Wednesday.
However, a Kogi State High Court in a conflicting ruling restrained the EFCC from arresting, detaining, or prosecuting the ex-governor.