EFCC discontinues suit against Yahaya Bello’s arrest

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EFCC discontinues suit against Yahaya Bello’s arrest

The Economic and Financial Crimes Commission (EFCC), has filed a notice of withdrawal to discontinue an appeal against an order of a Kogi High Court restraining the agency from arresting Yahaya Bello, former governor of the state.

In the notice filed on April 22, and signed by its counsel, J.S Okutepa, SAN, the EFCC said the withdrawal is predicated on the fact that events have overtaken the appeal.

The commission also admitted that the appeal was filed out of the time allowed by law.

READ ALSO: My next plan of action if I failed to prosecute Yahaya Bello – EFCC Chairman

“The appellant herein intends to and do hereby wholly withdraw her appeal against the respondent in the above mentioned appeal.

“This notice of withdrawal is predicated on the fact that; on the April 17, 2024, the application filed by the appellant herein was overtaken by the decision of the same high court of Kogi State,”

“The orders made ex parte by Jamil on the Feb 9, 2024 in the said suit which is the subject of this appeal, was made to last pending the hearing and determination of the originating motion on notice which was finally determined by Jamil J. on the April 17, 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,” he stated.

On Feb 8, Bello instituted a fundamental rights enforcement suit, asking the court to declare that “the incessant harassment, threats of arrest and detention, negative press releases, malicious prosecution” of the EFCC — “without any formal invitation — is politically motivated and interference with his right to liberty, freedom of movement, and fair hearing”.

However, Abdullahi directed the commission to file a charge against Bello before an appropriate court if it had reasons to do so.

The judgment coincided with the recent “siege” laid to the Abuja residence of Bello by EFCC operatives seeking to arrest him.

The commission had also obtained a warrant of arrest against the former governor from the Abuja federal high court.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

At the scheduled arraignment on April 18, Bello was absent.

At the court session, Abdulwahab Mohammed, counsel to Bello, told Emeka Nwite, the presiding judge, that the court lacked jurisdiction to grant the warrant of arrest in the first instance.

He referenced the February 9 interim injunction issued by the Kogi high court, adding that the appeal filed by the EFCC was still pending.

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