A Kogi State High Court sitting in Lokoja, the state capital, has ordered the Chairman of the Economic and Financial Crimes Commission (EFCC), Ola Olukoyede, to appear before it on May 13, 2024, to show why he should not be committed for allegedly disobeying its order.
The presiding judge, Justice I.A. Jamil, gave the order while ruling in a suit brought before him by the immediate past governor of Kogi State, Yahaya Bello, on Friday, April 26.
Justice Jamil said: “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.”
The EFCC boss is facing a contempt charge for allegedly carrying out “some acts upon which they (EFCC) have been restrained” by the court on February 9, pending the determination of the substantive originating motion.
EFCC operatives had on April 17 laid siege on the residence of Bello in a bid to arrest him, despite a court order restraining them from taking such action, pending the determination of the originating motion.
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Justice Jamil’s order was based on a motion ex-parte filed by Bello through his lawyer, M.S. Yusuf.
Bello prayed the court for an order to issue and serve the respondent (EFCC chairman) with Form 49 Notice to show cause why an Order of Committal should not be made on Olukoyede.
The judge, after listening to the arguments of the applicant’s counsel, the submission and the exhibits attached in the written address, granted Bello’s prayers and ordered Olukoyede to be summoned to appear before the court to answer the contempt charge.
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 February 9, 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 act of the respondent amounts to act of contempt.
“It’s against the above facts that this court hereby grants the prayers sought in line with the principle of ‘Audi Ultra Patem’ (listen to the other side).
“This matter is adjourned to May 13 for the respondent’s chairman to appear before this court in answer to form 49 ordered to be served on him.”
