The EFCC has withdrawn its appeal at the Abuja division of the Court of Appeal, challenging the temporary order restraining it from arresting the immediate past governor of Kogi State, Yahaya Bello, over an alleged money laundering offence. The Notice of Withdrawal is dated April 22, signed by one of the Commission’s lawyers, Jibrin Okutepa, SAN.
It may be remembered that the hearing in the appeal on Monday, 22 April did not go on because of the ongoing judges’ conference in Abuja. EFCC had gone to the appellate court to seek an order staying the exparte order issued by Justice Isa Abdullahi and to appeal the ruling. However, on the hearing date, the anti-graft agency applied to withdraw the appeal.
The applicant predicated its action on events overtaking the appeal. The Notice of Withdrawal partly reads: This honourable court takes notice that the appellant herein intends to and do hereby wholly withdraw her appeal against the respondent in the above-mentioned appeal. 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 in the case of Alhaji Yahaya Bello vs, EFCC -Suit No; HCL/68M/2024 Per A. I Jamil.
The orders made ex-parte by Jamil on February 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. Dated this April 22, 2024.” Following the withdrawal of the appeal against the exparte order, it is expected that the Commission will now file an appeal against the substantive judgement.
