Economic And Financial Crimes Commission v. Alhaji Yahaya Bello (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is in respect of an appeal against the decision of the High Court of Kogi State, Lokoja Judicial Division sitting in Lokoja, Kogi State delivered on the 25th April, 2024 by Hon Justice I. A. Jamil, J. or Hon. Justice Isa Jamil Abdulahi, J. as the learned trial Judge various signed the various processes which emanated from his court.

The respondent approached the lower court for the enforcement of his fundamental rights upon which the said court on the 9th February, 2024 granted the following interim reliefs in his favour:

(1) An order of interim injunction restraining the respondent either by itself or its agents, servants, privies, and persons acting for, through or under it from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining, prosecuting or persecuting the applicant, his former appointees, his staff or family members, on the basis of the false allegation of corruption made by the applicant’s political adversaries and the respondent itself pending the hearing and determination of the substantive originating motion for the enforcement of his fundamental rights.

(2) An order of interim injunction restraining the respondent from doing anything whatsoever connected or incidental thereto which may render nugatory the issues raised before this honourable court in the substantive originating motion of the applicant for the enforcement of his fundamental rights pending the hearing of the fundamental right action.

Subsequently, the substantive application for the enforcement of the respondent’s fundamental rights was heard and judgment in respect thereof was delivered on the 17th April, 2024. On the 25th April, 2024 the respondent approached the lower court with an ex-parte application wherein he sought the following orders:

1. An order of the honourable court for the issuance of Form 49 – Notice to show cause why order of committal should not be made against the Executive Chairman of the respondent – Economic and Financial Crimes Commission (EFCC).
2. An order for service of Form 49 – Notice to show cause why order of committal should not be made on the Executive Chairman of the respondent-Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja
3. And for such further order or further orders as this honourable court may deem fit to make in the circumstances.

The grounds for the said reliefs were stated thus:

(a) On the 9th day of February, 2024, this honourable court made an order vide motion No.: HCL/71M/2024 among others, restraining the respondent from doing anything whatsoever connected or incidental thereto which may render nugatory the issues raised before this honourable court in the substantive originating motion of the applicant for the enforcement of his fundamental rights, pending the hearing of the fundamental right action.

(b) That even though counsel to the respondent was present in court when the said order was made, the applicant through the official of this honourable court ensured that the said order of court was still served on the respondent together with Form 48 – Notice of Consequence of Disobedience to order of court.

(c) That the crux of the matter that was pending before this honourable court in the fundamental right proceeding is that the incessant harassment, threats of arrest and detentions negative press releases, malicious prosecution of the applicant without any formal invitation, upon the instigation of the applicant’s political adversaries in Nigeria upon the false and politically motivated allegation of corruption is a misuse of executive powers, a misfeasance in public office, abuse of power and an unjustifiable interference with the fundamental rights of the applicant.

(d) That despite the pendency of the order of this court made on the 9th day of February, 2024, the respondent went ahead to file a charge against the applicant herein, in deviance to the said order restraining the respondent from doing anything whatsoever connected or incidental thereto which may render nugatory the issues raised before this honourable court in the substantive originating motion of the applicant for the enforcement of his fundamental rights, pending the hearing of the fundamental right action.

(e) That further to the above, on the 17th day of April, 2024, at about 8:00 am in the morning, during the pendency of the said order of this honourable court, the respondent caused its men to lay siege on the residence of the applicant with the intention to arrest/harass the applicant despite the existence of the order of this court against same.

(f) That the steps taken by the respondent above, were taken while they had an appeal pending before the Court of Appeal Abuja Division, challenging the order of this honourable court, which appeal has not been determined as at the time the siege took place.

(g) That the actions of the respondent referenced above, are in utter deviance to the orders of this honourable court, thereby necessitating issuance and service of Form 49 – Notice to show why order of committal should not be made on the Executive Chairman of the respondent, who is the person responsible for the day-to-day running of the respondent and a whom officers and men of the respondent are directly accountable to.