The Economic and Financial Crimes Commission, EFCC, has approached the Court of Appeal in Abuja to withdraw the appeal it filed to set aside the interim injunction that barred it from arresting the immediate past Governor of Kogi State, Alhaji Yahaya Bello, for trial.
The anti-graft agency, in its notice of discontinuance dated April 22, said its decision to terminate further proceedings on the appeal, was based on the fact that the initial order a Kogi State High Court made in favour of the former governor, has been overtaken by events.
Besides, the Commission admitted that the appeal it brought against the said interim order, was filed outside the time allowed by the law.
The process, which EFCC filed before the appellate court, a copy of which was sighted by Vanguard on Wednesday, read: “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 17th April 2024, the application filed by the appellant herein was overtaken by the decision of the same high court of 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, was made to last pending the hearing and determination of the originating motion on notice which was finally determined by Jamil J. on the 17th April 2024.
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“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.”
It will recalled that the embattled former governor had in a bid to stop his arrest, ran before the Kogi State High Court to enforce his fundamental rights.
The court, in a ruling it delivered on February 9, issued an interim order that restrained the EFCC from inviting, arresting or prosecuting the Applicant over the subject matter of the charge against him, pending the determination of the suit.
Though the EFCC filed an appeal to set aside the interim order, the court, on April 17, delivered its judgement on Bello’s substantive suit.
Bello is facing a 19-count charge bordering on his alleged complicity in money laundering, breach of trust and misappropriation of funds to the tune of about N80.2billion.
Trial Justice Emeka Nwite had fixed May 10 to rule on an application the former governor filed to challenge the warrant of arrest that was issued against him.
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