A Kogi State High Court sitting in Lokoja has ordered the Chairman of the Economic and Financial Crimes Commission(EFCC), Ola Olukoyede, to appear before it on May 13, 2024, why an order of committal should not be made against him for allegedly disobeying court order.
Justice I. A. Jamil handed out the order on Thursday based on ex-parte motion filed by ex- governor Yahaya Bello through his lawyer, M.S. Yusuf, Esq.
The ex-governor’s counsel, in his submission saidt the EFCC operatives laid siege on the residence of the immediate past Governor of Kogi State, Alhaji Yahaya Bello, as early as 8am on April 17, 2024 in a bid to arrest him; despite a court order restraining them from taking such action, pending the determination of the Originating Motion.
The ex governor therefore 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 the EFCC Boss, Olukoyede.
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The presiding judge considered the arguments of the Applicant’s counsel, submission and exhibits attached in the Written Address granted Yahaya Bello’s prayers and ordered Ola Olukoyede to appear before the court to answer the contempt charge.
The court held that the EFCC Boss allegedly carried 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.
The presiding judge , Justice I. A. Jamil, delivering a ruling in Suit No: HCL/68M/2024 and Motion No: HCL/190M/2024, ordered that “the said act was carried out by the Respondent (EFCC) in violation of the order, which was valid and subsisting when they carried out the act. That same act of the Respondent amounts to Contempt”.
Delivering his order on the motion on April 25, 2024, Justice Jamil said:
“The applicant’s application before me is to the effect that the Respondent has carried out some acts upon which they have been restrained by this Court on the 9th of February, 2024, pending the determination of the substantive motion on Notice before this Court.
“That the said act was carried out by the Respondent in violation of the order which was valid and subsisting when they carried out those acts. That same acts of the Respondent amounts to acts of contempt.
“That the Respondent should be summoned to appear before this Court to answer to the contempt charge.
“It’s against the above facts that this Court hereby grants the prayers sought in line with the principle of “Audi Ultra Patem”.
Justice Jamil adjourned the matter to 13th of May, 2024 for the Chairman of EFCC to appear before the court to defend his action , ordering form 49 to be served on him.
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