The Supreme Court has rejected two appeals by the Attorney General of Rivers State and the Speaker of the state’s Assembly.
These appeals sought to overturn the leave granted to the Economic and Financial Crimes Commission (EFCC) to contest an order that barred the investigation of Peter Odili’s tenure as governor.
In 2007, Odili secured a perpetual injunction from a Federal High Court in Port-Harcourt, preventing the EFCC from investigating or arresting him.
This court order also prohibited the anti-graft agency from examining the finances of the Rivers State Government.
Subsequently, the EFCC requested the Court of Appeal for permission to appeal the Federal High Court’s decision after the deadline had passed.
The appellate court granted this request, prompting the Attorney General and the Speaker to appeal to the Supreme Court.
On Monday, the appeal filed by the Attorney General of Rivers State, marked SC/CV/318/2018, was called. Justice John Okoro, presiding over a five-member panel, inquired about the substance of the case.
The appellant’s lawyer, S. A. Somiari (SAN), explained that it was an interlocutory appeal against the leave granted by the Court of Appeal for the EFCC to appeal the 2007 orders issued by the Federal High Court.
While Somiari was still attempting to emphasise the relevance of the appeal, Justice Okoro interjected, stating, “This is not the type of appeal we hear here.”
Justice Okoro instructed Somiari and the other parties involved to return to the Court of Appeal to have the substantive appeal heard before approaching the Supreme Court.
Recognising the court’s stance on his case, Somiari applied to withdraw the appeal. This application was not opposed by the EFCC, represented by Abubakar Mahmud, who led Sylvanus Tahir (SAN) and B. O. Obialo, appearing for the other respondents.
In his ruling, Justice Okoro said the “appeal is dismissed, having been withdrawn without any objection.”
The appeal marked SC/CV/447/2018, filed by the Speaker of the Rivers State House of Assembly, received similar treatment.
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