Alex Enumah in Abuja
Justice I. A. Jamil has ordered the service of a suit seeking to commit the Chairman of the Economic and Financial Crimes Commission (EFCC) Mr Ola Olukoyede to prison, for allegedly disobeying his orders.
The order was sequel to an exparte application made by former Kogi State Governor, Mr Yahaya Bello, seeking to jail the anti-graft agency’s board for moving to arrest him against the order of the court.
Justice Jamil had on February 9, restrained the Commission from harassing, arresting or detaining the former governor, pending the determination of the substantive suit.
However, the Commission had on April 17, following an order of a Federal High Court, Abuja, laid sieged at Bello’s Abuja residence with a the aim of arresting him and presenting in court for prosecution on alleged money laundering charge.
Besides, Justice Emeka Nwite of the Federal High Court, Abuja, which on April 23, ordered service of the money laundering charge against the former governor, will next week decide whether he should vacate the arrest warrant he issued against Bello.
Consequently, the former governor on April 25, returned to the court accusing the anti-graft agency of violating its order, hence should be jailed.
The ex-parte application with No: HCL/190M/2024, was filed and argued by Bello’s lawyer, M.S Yusuf, praying the court to issue and serve the respondent with Form 49 Notice to show cause why Order of committal should not be made on the Executive Chairman of the Respondent — Economic and Financial Crimes Commission (EFCC) at EFCC.
Delivering ruling, Justice Jamil, held that, “haven carefully read the applicant’s prayers in this application, the grounds upon which it its predicated, the affidavit in support of the motion and haven also gleaned through the attached exhibits, and the submission of the applicant’s Counsel as contained in his Written Address:
“It is hereby ordered:
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 grant the prayers sought in line with the principle of “Audi Ultra Patem”. To wit:
AN ORDER of this Honourable Court for the issuance of Form 49 — Notice to show cause why order of committal should not be made against the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC).
“An order for service of Form 49 — Notice to show why order of committal should not be made on the Executive Chairman of the respondent — Economic and Financial Crimes Commission (EFCC) at EFCC Corporate Headquarters, Plot 301/302, Research and Institution District, Abuja”.
Meanwhile, the court has fixed May 13, 2024 for Olukoyede to appear before the
court in answer to form 49 ordered to be served on him.
