The Economic and Financial Crimes Commission (EFCC) has withdrawn its petition to the Court of Appeals, Abuja Division, against the temporary order preventing it from detaining Yahaya Bello, the immediate past Governor of Kogi State.
In its notice of discontinuance dated April 22, the EFCC stated that its decision to stop further proceedings on the appeal was based on the fact that the first order issued by a Kogi State High Court in favour of the former governor had been overtaken by circumstances.
The commission also stated that its appeal against the interim order was filed after the deadline set by law.
The withdrawal process before the appeal court read as follows: “The appellant herein intends to and does hereby wholly withdraw her appeal against the respondent in the above-mentioned appeal.
“This notice of withdrawal is predicated on the fact that, on April 17, 2024, the application filed by the appellant herein was overtaken by the decision of the same high court in Kogi State in the case of Alhaji Yahaya Bello vs. EFCC, Suit No. HCL/68m/2024, per A. I. Jamil.
“The orders made ex parte by Jamil on the 9th of February 2024 in said suit, which is the subject of this appeal, were made to last pending the hearing and determination of the originating motion on notice, which was finally determined by Jamil J. on the 17th of 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.”
As you may recall, Bello filed a fundamental human rights claim against the EFCC in order to avoid arrest and detention.
In a February 9 verdict, the court ordered an interim injunction prohibiting the EFCC from arresting, detaining, persecuting, or prosecuting the applicant on the basis of the complaint against him, pending the outcome of the suit.
Although the EFCC filed an appeal to overturn the interim ruling, the court ruled on Bello’s main petition on April 17.
The former Kogi state governor is facing trial at the Federal High Court in Abuja on a 19-count charge bordering on money laundering and misappropriation of public funds to the tune of N80.2 billion.
