The Court of Appeal in Abuja has dismissed a contempt charge filed by former Kogi State Governor Yahaya Bello against the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede.
The court also imposed a cost of N1 million on Bello.
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In a unanimous decision by a three-judge panel, the appellate court overturned a previous judgment by the Kogi State High Court, which had supported Bello’s contempt case against the EFCC chairman.
The Kogi State High Court, presided over by Justice Jamil Abdullahi, had previously summoned the EFCC Chairman to explain why he should not be jailed for allegedly disobeying a court order related to Bello’s ongoing legal troubles.
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This summons followed a suit and motion filed by Bello, who faces 19 counts of charges from the EFCC, including money laundering, breach of trust, and misappropriation of N80.2 billion.
Bello claimed that the EFCC chairman had ignored an interim order issued by the Kogi State High Court on February 9, which prohibited the agency from arresting him.
Despite this order, the EFCC obtained an ex parte order from the Federal High Court in Abuja to proceed with Bello’s arrest and trial.
In response, Bello’s legal team filed a form 49 contempt charge, seeking to imprison the EFCC chairman for allegedly disobeying the court order.
Justice Abdullahi had ordered Olukoyede to appear in court to justify why he should not be held in contempt.
However, Olukoyede challenged the Kogi State High Court’s decision in the Court of Appeal, arguing that no court has the authority to prevent a law enforcement agency from carrying out its duties.
Delivering the lead judgment, Justice Joseph Oyewole of the Court of Appeal affirmed that courts cannot impede the EFCC or any other law enforcement agency from fulfilling their statutory responsibilities.
He emphasized the principle of the separation of powers, stating, “A court of law cannot preclude the EFCC or any law enforcement agency from investigating and prosecuting crime.”
The appellate court granted Olukoyede’s appeal and dismissed the preliminary objection filed by Bello.
It also imposed a fine of N1 million on the former governor for his unsuccessful legal challenge.
The decision reinforces the autonomy of law enforcement agencies in performing their duties without judicial interference, marking a significant ruling in the ongoing legal battles involving the EFCC and political figures in Nigeria.
