The Court of Appeal in Abuja, Nigeria has overturned the contempt proceedings initiated by former Kogi State Governor Yahaya Bello against Olanipekun Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC). The decision, delivered unanimously by a three-judge panel and read by Justice Joseph Oyewole, cited technical grounds for setting aside the proceedings and overruled Bello’s preliminary objections.
Justice Oyewole explained that the trial judge failed to extend the orders issued on February 9 in its final judgment on April 17, rendering the interim order raised by Bello an academic exercise. He remarked, “The failure to extend the orders renders the subsequent contempt proceedings untenable.”
Previously, the appellate court had granted an ex-parte motion to stay the contempt proceedings filed against Olukoyede by the former governor. The court also approved EFCC’s request to serve appeal processes by substituted means on Bello and adjourned the hearing of the motion on notice to May 20.
Olukoyede had been summoned to appear before the Kogi State High Court in May to explain why he should not be imprisoned for allegedly disobeying the court’s orders. This summons followed accusations that the EFCC had taken actions contrary to a court order issued on February 9, restraining the agency pending the resolution of the main case.
Justice I. A. Jamil had previously ruled that the EFCC’s actions violated a valid and subsisting court order, which led to the initial contempt proceedings against Olukoyede.
