Four lawyers have kicked against the statement by the Economic and Financial Crimes Commission that it now has the go ahead to arrest a former Governor of Kogi State, Yahaya Bello.
The lawyers – Evans Ufeli, Ololade Ajibade, Ogochukwu Umeanozie and Lucy Chidiogo Enubueze, said this on Monday.
In a statement they issued, the lawyers said: “The pertinent question nobody is asking are:
“What Order did the EFCC appeal against as well as the reason behind same?
“The EFCC appealed against the Order granted on the 9th of February, 2024 by the High Court of Kogi State, the said order was an order restraining the EFCC from inviting, arresting or detaining the Applicant vide Notice of Appeal filed on 26th February, 2024.
“Also, the EFCC further asked for a stay of Execution of the Interim Order at the Court of Appeal on 21st of March, 2024, which request was refused by the Court of Appeal.
“However, on the 6th of March, 2024, in defiance of the interim Orders and their own pending appeal against the interim Order, the EFCC proceeded to prefer a 17 Count(s) Charge before Justice Nwite of the Federal High Court against Yahaya Bello.
“The EFCC went further to resort to self help when on the 17th of March, 2024, it approached the same Federal High Court, Abuja, via an Ex-parte application and without informing the said court of the interim Order and their pending appeal against the interim order, to obtain an arrest warrant against the same person in respect of whose Order they had appealed to the court of appeal.
“Akin to the above, if indeed the EFCC has nothing to conceal, why are they trying to muddle up the issues on account of the main judgement that was also subsequently delivered in the same High Court of Kogi State.
“This sudden attempt would not help them clear the infraction and abuse of the judicial process that has been occasioned.
“Again, by the admission of EFCC to the effect that they were at the Court of Appeal on the matter, and at the same time, approached a Federal High Court without informing the court of the subsisting order and appeal, is an admission of abuse of judicial process, and a fraudulent deceit of the court that has led it to granting conflicting Orders while appeal was pending.
“This approach is a grave infraction of due process of law, subsequently, the statement issued by the learned counsel representing EFCC in the said matter amounts to trying to justify the infraction in a media trial which is unethical and not allowed and/or recognized in the legal profession.
“Consequently, The Body of Benchers, which J.S. Okutepa, SAN is a member of, recently set up a Committee headed by former Chief Justice of Nigeria, to address incidences of conflicting decisions.
“Finally, it is our sincere and earnest hope that the Committee would look into this kind of practice, as the conduct of the lawyer is clearly unethical.”
