The Economic and Financial Crimes Commission, EFCC, has filed a motion for stay of execution of the ruling of the Federal High Court sitting in Ikoyi, Lagos on the 14 properties as well as the sum of N400m linked to the Kogi State Governor, Yahaya Bello.
The anti-graft agency filed the motion on Monday, 15 May, 2023.
It would be recalled that Justice Nicholas Oweibo, had on Wednesday, April 26, 2023, struck out EFCC’s suit seeking the final forfeiture of 14 properties as well as the sum of N400m linked to the Kogi State Governor, Yahaya Bello, citing the governor’s immunity from prosecution under the 1999 Constitution. The Judge had held that “Given Section 308 of the Constitution, which provides immunity to a sitting governor from any civil/ criminal prosecution, the court lacks jurisdiction to entertain the matter” and the suit was struck out.
At today’s sitting, counsel for the EFCC, Rotimi Oyedepo, SAN, informed the court of an application dated April 27, 2023 seeking a stay of execution of the ruling pending the outcome of the appeal on the case.
Responding, counsel to the respondent, Akoh Ocheni , filed an application seeking to strike out the application for stay of execution by the EFCC for “lack of complying with the rules of court by not filling a written address and attaching same to the application“.
Oyedepo told the court that a written address was filed on the same day as the application, and showed the court a copy in his records, saying, ”the proceedings is no longer before the Court, but in transmission to the Court of Appeal.”
Justice Oweibo adjourned the matter sine die.