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

The EFCC cited the fact that events have overtaken the appeal and admitted that the appeal was filed out of time.

The withdrawal comes after Bello instituted a fundamental rights enforcement suit, alleging politically motivated harassment by the EFCC.

“This notice of withdrawal is predicated on the fact that; on 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 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 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”.
The former governor also sought an order “restraining the respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain him”

In a legal battle between the Economic and Financial Crimes Commission (EFCC) and former Kogi Governor Yahaya Bello, the Kogi High Court granted an interim injunction on Feb 9, restraining the EFCC from harassing or arresting Bello pending the hearing of his fundamental rights enforcement suit. Despite this, the EFCC filed an appeal on March 12, contesting the injunction.

The court delivered judgment on April 17, reiterating the injunction but directing the EFCC to file charges against Bello if necessary. The EFCC, seeking to arraign Bello on charges including money laundering and misappropriation of funds, obtained a warrant of arrest from the Abuja Federal High Court.

However, Bello’s absence at the scheduled arraignment on April 18 raised jurisdictional issues, with his counsel arguing that the Kogi High Court’s interim injunction and pending appeal affected the validity of the arrest warrant.