The hearing of an ex-parte motion filed by the Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukayode, seeking a stay of proceedings on a contempt charge brought by former Kogi State Governor Alhaji Yahaya Bello, was postponed on Monday at the Court of Appeal in Abuja. The postponement was due to a two-day workshop organized by the appellate court on the review of the 2023 Election Petition Tribunals/Court and Appeals.
On May 3, the Court of Appeal granted an ex-parte motion filed by the EFCC for a stay of contempt proceedings initiated by a Kogi State High Court against Mr. Olukayode. The EFCC chairman had been summoned to appear before the state court on May 13 to show cause why he should not be committed to prison for allegedly disobeying court orders. He subsequently appealed the ruling and sought a stay of proceedings.
The contempt charge against Mr. Olukayode stems from actions taken by the EFCC that were allegedly in violation of a lower court’s order issued on February 9. The order restrained the EFCC from certain actions pending the hearing and determination of the substantive originating motion.
Justice I. A. Jamil of the Kogi State High Court, in a ruling on Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, declared that the EFCC’s actions constituted contempt. The court noted that the EFCC laid siege to the former governor’s residence at 8 a.m. on April 17 in an attempt to arrest him, despite the restraining order.
The ruling was based on an ex-parte motion filed by Bello’s lawyer, M.S. Yusuf, who requested the court to issue and serve the EFCC chairman with a Form 49 Notice to show cause why a committal order should not be made against him.
On May 3, the Court of Appeal, presided over by Justice Joseph Oyewole, granted the EFCC’s application to serve the appeal processes on the former governor by substituted means. The hearing of the motion on notice was adjourned to May 20.
However, on Monday, lawyers and litigants who arrived at the court were informed by the registrar that the hearing could not proceed due to the ongoing workshop. “We are holding a workshop, where our judges are in attendance. Therefore, there’s no sitting today. The next adjourned date will be communicated to counsel to the parties for all cases scheduled for today. We are sorry for the inconveniences this might have caused,” the registrar announced.
