The Economic and Financial Crimes Commission (EFCC) has decided to withdraw its appeal to set aside the interim injunction barring it from arresting the former Governor of Kogi State, Alhaji Yahaya Bello, for trial.
The anti-graft agency cited that “the initial order made in favor of the former governor has been overtaken by events.”
In its notice of discontinuance dated April 22, the EFCC acknowledged that the appeal was filed outside the time allowed by the law.
“The Appellant herein intends to and do hereby wholly withdraw her appeal against the respondent in the above-mentioned appeal,” the notice of withdrawal stated.
EFCC further explained that “the order made by the Kogi State High Court in Bello’s case was made to last pending the determination of the originating motion on notice, which was eventually decided on April 17, 2024.”
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The embattled former governor had sought refuge with the Kogi State High Court to prevent his arrest and enforce his fundamental rights. The court, in its ruling on February 9, issued an interim order restraining the EFCC from inviting, arresting, or prosecuting Bello over the subject matter of the charge against him, pending the determination of the suit.
The court’s judgement on Bello’s substantive suit, delivered on April 17, granted orders enforcing his fundamental rights, including liberty and freedom of movement. It directed the EFCC to bring any criminal charge against Bello before the appropriate court, provided that the EFCC obtains leave from a superior court of record before inviting, arresting, or detaining Bello.
The Federal High Court in Abuja had also issued an order of arrest against the former governor, which the EFCC attempted to execute. However, the incumbent governor of Kogi State, Usman Ododo, allegedly assisted Bello in evading arrest by transporting him away from his Abuja residence in his official vehicle.
Bello is facing a 19-count charge related to his alleged involvement in money laundering, breach of trust, and misappropriation of funds totaling about N80.2 billion. Trial Justice Emeka Nwite is set to rule on May 10 on an application filed by Bello challenging the arrest warrant issued against him.