I read yesterday in the social media and other electronic media that EFCC filed an application for the stay of execution of the interim Ex-parte orders made in favour of Yahaya Bello on the 9th of February 2024 by Hon Justice A. I. Jamil of the High Court of Kogi State.
While it is true that such applications was filed and I filed it, it must be stated clearly that as at 17th April 2024 the applications I filed was overtaken by the decision of the same High Court of Kogi State which made orders as qouted below. Furthermore let me make it clear that the orders made ex-parte by Jamil J on the 9th of February 2024 was made to last pending the hearing and determination of the Originating Motion on Notice which was finally determined by Jamil J on the 17th April 2024 and made the orders qouted below.
Therefore, as from the 17th April 2024, there were no more any order or orders of any court of competent jurisdiction stopping EFCC from arresting, inviting, or prosecuting Yahaya Bello.
If any such orders exist, that can only exist in the imagination of Yahaya Bello and his political sycophants, who are bent on manipulating the press to misleading gullible people. As from the 17th April 2024, the orders made by Hon Justice A I Jamil on the 9th of February 2024 lapsed by the Orders the same learned trial judge made on the 17th February 2024 wherein his lordship permitted the arrest of Yahaya Bello if leave of the Federal High Court is sought and obtained.
It is necessary I state the correct position of the case for all the doubting Thomases and sycophantic supporters of Yahaya Bello that the motion for stay of execution at the court of Appeal Abuja has been overtaken by the orders made by Hon Justice A I Jamil on the 17th April 2024. This is because the orders made on the 9th February 2024 in favour of Yahaya Bello were issued pending the hearing and determination of the originating motion on notice for the enforcement of fundamental rights of Yahaya Bello.
The said originating motion on notice was decided on the 17th of April 2024 and in the Orders made on that date Jamil J made it clear that EFCC can invite, arrest and prosecute Yahaya Bello if and only if it obtained leave of the Federal High Court to do so. Such leave was had and obtained after that order on the same 17th of April 2024. His lordship Nwite J of the Federal High Court duly granted to EFCC by way of warrant of arrest.
Let it be known that the appeal before the Court of Appeal has become academic and otios because the life span of the Orders made by Jamil J on the 9th of February 2024 was pending the hearing and determinations of the originating Motion on notice. The originating motion, as I said, was duly heard and determined on the 17th of April 2024, and Jamil J ordered accordingly.
For avoidance of doubt, this is the final orders made by the learned trial judge. He said : “Looking at the Orders sought by the applicant, I am inclined to grant them subject to some alterations which in my view will meet the justice of this case in the following terms;
1. An Order is hereby granted enforcing the Fundamental Rights of the applicant to liberty and freedom of movement and fair hearing, by restraining the Respondent by themselves, their agents, servants or privies from continuing to harass, threaten to arrest or detain or in any manner whatsoever arresting, detaining or persecuting the Applicant, on the basis of the criminal Charges now pending before the Federal High Court, Abuja to wit; Charge No. FHC/ABJ/CR/550/2022between FRN v. Ali Bello & Anor , without prejudice to the power of the said Federal High Court, to make any Order as it may deem just in the determination of the rights of the Applicant and the Respondent as may be submitted to her for consideration and determination.
2. AN ORDER is hereby granted directing the Respondent to bring before the said Federal High Court, or any such appropriate Court, such criminal Charge, allegation or Complaint in respect whereof the Applicant reasonably believed by the Respondent to have committed any offence is subject of its jurisdiction, provided that the Respondent shall not invite, arrest, or detain the Applicant on account of reasonably belief that the Applicant has committed any financial crime, without first obtaining the leave of a superior Court of Record, especially haven regard to the antecedents of the Respondent in the manner it has managed its engagements with the Applicant”
As it can be seen above, there is no such order in favour of Yahaya Bello as being peddled in the media. The motion filed for stay of execution at the court of Appeal has become academic as there are no more orders to be stayed. Be guided accordingly.
Chief J.S.Okutepa, SAN
22nd April 2024.
