Contempt: A’Court grants EFCC’s motion for stay of proceedings

• Fixes Hearing Of Application For May 20
The Court of Appeal, yesterday, granted an ex parte motion for stay of proceedings of contempt application against the Executive Chairman of the Economic and Financial Crimes Commission(EFCC), Mr. Ola Olukoyede, by the former Governor of Kogi State, Yahaya Bello.

The Court of Appeal, presided over by Justice Joseph O.K. Oyewole, consequently granted the EFCC’s application to serve the processes in the appeal by substituted means on the former governor.

Oyewole was assisted by Justice P. C. Obiora JCA and Justice Okon Abang JCA.

The appellate court also adjourned the hearing of the motion on notice to May 20, 2024.

The EFCC boss was summoned by Justice Isa Abdullahi Jamil of the Kogi State High Court to appear on May 13, 2024.

The judge asked Olukoyede to show cause why he should not be committed to prison for disobeying the orders of the court.

The EFCC, however, appealed the ruling of the trial court and sought a stay of the proceeding of the court.

The EFCC boss is facing a contempt charge for carrying out “some acts upon which they (the EFCC) have been restrained” by the Court on February 9, 2024, pending the determination of the substantive Originating Motion.

But the Court of Appeal, yesterday, gave the orders for the stay of contempt proceedings after hearing Chief J.S.Okutepa SAN, leading Eko Ejembi Eko SAN, Abdulkareem Musa Esq and David Ojogbane Akogu Esq.

The court ordered for substituted service of all the processes in the case to be pasted at No 9. Bengazi Steet, Wuse Zone 4 Abuja being the last known address of Yahaya Bello.

In granting the orders, Oyewole held that the motion ex-parte had merit and adjourned the hearing of the motion on Notice to May 20, 2024.

The first motion, which was moved by Chief J.S. Okutepa SAN sought for an ex parte order staying the execution of the orders made Ex-parte in Motion No. HCL/190M/2024 on the 25th day of April 2024, in the case of Alhaji Yahaya Bello vs. EFCC.

The second motion was for an order to serve the respondent Yahaya Bello all the processes in the appeal by substituted means through the mode stated on the face of the motion.

The court granted the motion and ordered that all the processes be served through substituted means by pasting on the gate of the last known address of the respondent at No. 9, Bengazi Street, Wuse, Abuja.

Delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, Justice I. A. Jamil ordered that “the said act was carried out by the respondent (EFCC) in violation of the order, which was valid and subsisting when it carried out the act. It claimed that the act amounted to the contempt of the court.

EFCC operatives had laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello on April 17, 2024 to arrest him, despite a court order restraining them from taking such action, pending the determination of the Originating Motion.

Justice Jamil’s order was based on a motion ex-parte filed by Yahaya Bello through his lawyer, M.S. Yusuf, Esq, where he prayed the court for an order to issue and serve the respondent (EFCC Chairman) with Form 49 Notice to show cause why Order of committal should not be made on Olukoyede.