The Court of Appeal, sitting in Abuja today, 13th June 2024, allowed the appeal filed against the orders made by Hon Justice Isa Abdullahi Jamil of Kogi State High Court on the 25th April 2024 in which the Chairman of EFCC Mr Olu Olukoyede was ordered to appear and show cause why he should not go to prison for allegedly violating an Ex- orders made in favour of Alhaji Yahaya Bello by Justice Jamil on the 9th February 2024.
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Delivering the judgment on the 13th day of June 2024, the court of Appeal sitting in Abuja in the case of ECONOMIC AND FINANCIAL CRIMES COMMISSION VS. ALHAJI YAHAYA BELLO, APPEAL NO:CA/ABJ/CV/413/2024, presided over by his lordship Hon Justice Joseph Oyewole JCA who read the lead judgment held that the appeal filed by EFCC through its lawyers led by Chief J S Okutepa SAN had merit and same was allowed.
In allowing the appeal, the Court of Appeal held that:
The preliminary objection filed by learned senior counsel to Alhaji Yahaya Bello was overruled as the Court held that the objection intended to draw the court into the well of technicalities.
The interim orders made on the 9/2/2024 by Hon Justice Jamil restraining EFCC from arresting or prosecuting Alhaji Yahaya Bello were not extant as at 25/4/2024 when Respondent’s counsel moved the trial Court to enforce the said orders and to commit the Chairman of EFCC to the prison.
The Respondent Alhaji Yahaya Bello never intended that the reliefs in the application for interim orders be extended beyond the final judgment.
Contrary to the Respondent’s argument, the Judgment of 17/4/2024 was before the Court of Appeal via Exhibit JSO attached to the Ex-parte application granted on 02/05/2024, same forms part of the record and Judicial Notice of same is taken.
The trial court did not extend the orders of 9/2/2024 in its final judgment of 17/4/2024 and therefore trying to enforce the same on 25/4/2024 is an abuse of the judicial process.
The situation in this appeal is different from that of KUBOR VS. DICKSON, which was heavily relied upon by Respondent’s Senior Counsel. Mr. Okutepa, SAN was right! A Court cannot enforce a spent Order.
A Court of Law can not preclude the EFCC or any Law Enforcement Agency from investigating and prosecuting crime. This is a fundamental jurisdictional point that can not be shoved aside as it borders on the doctrine of separation of powers. The argument of the Respondent that no ground covers this point can not stand in view of the instant circumstance.
Consequently, Issue One is resolved in favour of the Appellant. Issue Two, therefore, becomes academic. COST of One Million Naira was awarded against Alhaji Yahaya Bello, the Respondent in the appeal.
The Lead Judgment was delivered by his lordship Oyewole, JCA, and concurred by their lordships, A.M. Talba and D. Z. Senchi, JJCA. Chief J.S.Okutepa SAN led the legal team for the EFCC, the Appellant in the appeal
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