Appeal Court Sets Aside Order Barring EFCC’s Investigation Of Kogi’s Govt

Abuja Division of the Appeal Court has set aside the injunction granted by the High Court of Kogi State restraining the Economic and Financial Crimes Commission (EFCC), from the investigation and prosecution of officials of the state.

The EFCC had on Tuesday, 7 February 2023, filed a motion before the Appellate Court, asking for a stay of execution of the judgment of the Kogi State High Court in Suit No: HCL/696/2022 between Kogi State Government, the Commission, and Others, delivered on 12 December 2022 as well as the consequential order made on the 6 February 2023.

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In a unanimous judgment delivered on Thursday, May 18, 2023, the Appellate Court dismissed the preliminary objection of the Kogi State Government and also held that the ex-parte order of the trial court was “unlawful.”

The sum of N300, 000 (Three Hundred Thousand Naira) was awarded against the Kogi State government and its officials.

Also, the sum of N100, 000 (One Hundred Thousand Naira) was awarded against the state government for filing the frivolous preliminary objection and another sum of N200, 000.00 (Two Hundred Thousand Naira) for obtaining prejudicial ex-parte order against the Commission.

The Appellate Court further directed the Chief Judge of Kogi State, Justice Josiah Joe Majebi, to transfer the matter to another Judge.

The appeal was handled on behalf of the EFCC by Kemi Pinhero, SAN, Jubrin Okutepa, SAN and Rotimi Oyedepo, SAN.