Appeal Court stays execution of contempt proceedings against EFCC chair

The Court of Appeal in Abuja has ordered a stay of execution and proceedings in the contempt suit filed at the Kogi State High Court by former Governor Yahaya Bello against the chair of the Economic and Financial Crimes Commission (EFCC), Olu Olukoyede.

A three-member panel of the appellate court, led by Joseph Oyewole, gave the order on Friday after taking an ex-parte application from the EFCC chairman’s lawyer, Jibrin Okutepa.

Other members of the appellate court panel include – Peter Obiora and Okon Abang.

Details of the proceedings were shared by Mr Okutepa, a Senior Advocate of Nigeria (SAN), on Friday.

In granting the order, Mr Oyewole held that the EFCC chairperson’s request to stay execution of the contempt proceedings had merit.

Also, the Court of Appeal ordered substituted service of all the filings in the suit to be affixed No 9 Bengazi Steet, Wuse Zone 4 Abuja, being the last known address of Mr Bello.

The justice adjourned the hearing of the motion on notice to the 20 May.

Background

The Kogi State High Court in Lokoja presided over by Isa Jamil on 26 April ordered Mr Olukoyede to appear before it on 13 May to show why he should not be jailed for allegedly disobeying its earlier order.

Mr Bello had initiated a contempt charge against the EFCC chair as part of the ex-governor’s efforts to stop his arraignment and trial on N80 billion money laundering charges instituted against him after he left office as governor in January.

In his application, Mr Bello accused Mr Olukoyede of committing contempt by allegedly violating the court’s order barring the EFCC from arresting him.

The anti-graft agency recently charged Mr Bello at the Federal High Court in Abuja with money laundering involving over N80 billion. But efforts by the EFCC to arraign the former governor have been met with stiff resistance from the latter.

ALSO READ: Come out of hiding, Ortom advises Yahaya Bello

Mr Bello resisted arrest on 17 February when operatives of the commission attempted to execute a controversial arrest warrant against him at his residence in Abuja.

He was absent from court for his arraignment on the pending N80 billion money laundering charges on two occasions – 18 and 23 April.

At the 23 April proceedings at the Federal High Court in Abuja, the judge, Emeka Nwite, issued an order of substituted service, permitting the EFCC to serve the defendant through his lawyer.

Mr Bello and his lawyers have justified his absence from court, citing a court order shielding him from arrest, which they accused EFCC of violating.

But the anti-graft agency has denied violating any court order with its moves to arrest and arraign Mr Bello.

It argues that its move to arrest and arraign Mr Bello was based on the warrant of arrest the Federal High Court in Abuja issued on 17 April.

The agency also argues that the order issued in favour of Mr Bello by the Kogi State High Court in a fundamental enforcement suit does not preclude him from being prosecuted for crimes he allegedly committed.