In a lead judgment delivered by Justice Joseph O.K. Oyewole, the appellate court held that “a court of law cannot preclude the EFCC or any Law Enforcement Agency from investigating and prosecuting crime.”
“This is a fundamental jurisdictional point that cannot be shoved aside as it borders on the doctrine of separation of powers. The argument of the Respondent that no ground covers this point cannot stand in view of the instant circumstance,” the judge ruled.
Naija News reports that the EFCC had approached the Court of Appeal to halt the execution of an order of Justice Isa Jamil of the Kogi State High Court summoning Olukoyede to defend allegations of disobedience of court orders.
The anti-graft agency also challenged another order of the court restraining it from harassing, arresting or detaining Bello pending the determination of the substantive suit.
The appellate court on Thursday allowed the EFCC’s appeal and overruled Bello’s preliminary objection.
The court stated that it should not be drawn into the well of technicalities and granted the Commission the authority to continue its prosecution of Bello.
The appellate court also awarded a fine of N1,000,000.00 (One Million Naira) against Yahaya Bello.
Recall that Justice Jamil had on April 25, 2024, in an exparte ruling, ordered that Olukoyede should be summoned to appear before him to answer to a contempt charge.
According to him, Bello tendered exhibits before his court that Olukoyede and the EFCC “carried out some acts upon which they have been restrained by this Court on February 9, 2024 pending the determination of the substantive motion on Notice before this Court”.
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