By Abiola Olawale
The Economic and Financial Crimes Commission (EFCC) has approached the Appeal Court over an interim order granted by the Kogi State High Court, which restrained the anti-graft agency from arresting former Governor of Kogi State, Yahaya Bello.
_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.
However, the EFCC had attempted to arrest the former governor in a bid to arraign him on 19 counts bordering on money laundering, breach of trust, and misappropriation of funds to the tune of N80.2bn.
Bello had evaded the arrest, arguing that the EFCC had no right to arrest him, relying on an interim order granted by the Kogi High Court.
Meanwhile, the anti-graft agency has now approached the Appeal Court, to set aside the interim order.
In the appeal marked CA/ABJ/PRE/RDA/CV/165MI, the agency contested the court order on the grounds that it (EFCC) 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 generated 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.