The Economic and Financial Crimes Commission has filed a motion before the Abuja Division of the Court of Appeal, asking for a stay of execution of the judgement of the Kogi State High Court in suit between Ali Bello and the EFCC, and others delivered on December 12, 2022, and the consequential order made on February 6, 2023.
Other reliefs sought in the motion on notice include an order of interlocutory injunction restraining the appellants from attempting to execute the judgement of the trial court pending the final hearing and determination of the appeal.
Justice R.O. Ayoola of the Kogi High Court had on Monday committed the Chairman, Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, to prison for alleged contempt.
The judge, who awarded N10 million against EFCC, ordered the Inspector-General of Police (IG) to arrest Bawa forthwith wherever he is and send him to the Kuje Correctional Centre for two weeks without any delay until he purges himself of the contempt.
But in the supporting affidavit to the application, deposed to by Samuel Anele Ugwuegbulam, he affirmed that the appellants have “strong, good, and arguable grounds of appeal”.
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He stated that the trial court did not have jurisdiction to entertain the matter as the alleged infringement of the respondent’s fundamental human rights occurred in Abuja, and no element of it took place in Lokoja, adding that the trial court lacked jurisdiction to proceed to hear the suit.
He stressed that the appellant had applied to the trial court for compilation and transmission of the record of appeal, but as of the time of filing the motion, the file of the case was yet to be released to enable transmission of the record to the registry of the appellate court
He said the court, rather than allow the record of the appeal to be transmitted, proceeded to cite the Appellant on 6th February for contempt
The deponent added that “If the execution/enforcement of the judgement of the 12th of December, 2023 and the pronouncement of the trial Court of 6th of February, 2023 is not stayed, it will jeopardize the Appellants/Applicants’ constitutional right of appeal and exercise of his statutory functions.”
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