By Abiola Olawale
The Economic and Financial Crimes Commission (EFCC) has filed a notice of withdrawal to discontinue an appeal against an order granted by the Kogi High Court restraining the anti-graft agency from arresting the embattled former Governor of Kogi State, Yahaya Bello.
This was contained in the notice filed on April 22. According to the notice, the EFCC said the withdrawal was hinged on the fact that events have overtaken the appeal.
The commission also admitted that the appeal was filed out of the time allowed by law.
The Notice reads: “The appellant herein intends to and do hereby wholly withdraw her appeal against the respondent in the above-mentioned appeal,” the notice reads.
“This notice of withdrawal is predicated on the fact that on the 17th of April 2024, the application filed by the appellant herein was overtaken by the decision of the same high court of Kogi state….
“The orders made ex parte by Jamil on the 9th of February 2024 in said suit which is the subject of this appeal, was made to last pending the hearing and determination of the originating motion on notice which was finally determined by Jamil on the 17th April 2024.
“Furthermore, the notice of appeal was filed out of time and we, therefore, pray that the appeal be struck out for being filed out of time and incompetent.”
The New Diplomat reports that the Kogi court, in a ruling on February 9, 2024, restrained the EFCC from “inviting, arresting, detaining, prosecuting” Bello pending the determination of a fundamental rights suit he filed before the court.
Dissatisfied with the ruling, the EFCC filed an appeal against the interim injunction, arguing that the court could not stop the commission from carrying out its statutory responsibility.
It would be recalled that the EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust, and misappropriation of funds to the tune of N80.2 billion.
