NIGERIA’S Supreme Court has dismissed two appeals by the Attorney General of Rivers State and the Speaker of the state’s Assembly seeking to set aside the leave granted to the Economic and Financial Crimes Commission (EFCC) to challenge an order prohibiting the investigation of the tenure of Mr Peter Odili as governor of the state.
Odili had in 2007 obtained an order of perpetual injunction from a Federal High Court in Port Harcourt (Rivers State capital) restraining the EFCC from investigating or arresting him.
The court order also restrained the anti-graft agency from probing the finances of the Rivers State government during his tenure.
The EFCC later applied to the Court of Appeal for leave to appeal the Federal High Court’s decision out of time, an application the appellate court granted, a decision the AG, Rivers, and the Speaker appealed to the Supreme Court.
On Monday, when the appeal filed by the AG, Rivers, marked: SC/CV/318/2018 was called, Justice John Okoro, who presided over a five-member panel, sought to know 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 a Federal High Court.
Supreme Court clears political fog over Rivers
While Somiari was still struggling to highlight the relevance of the appeal, Justice Okoro interjected and told him that “This is not the type of appeal we hear here.”
Justice Okoro asked Mr Somiari and other parties in the case to return to the Court of Appeal to have the substantive appeal heard before coming to the Supreme Court.
Realising the court’s disposition to his case, Somiari subsequently applied to withdraw the appeal, which application was not opposed by the EFCC, Abubakar Mahmud, who led Sylvanus Tahir (SAN) and B. O. Obialo, who appeared for the other respondents.
Ruling, Justice Okoro said: “Appeal is dismissed, having been withdrawn without any objection.”
Similar treatment was accorded to the appeal marked SC/CV/447/2018 by the Speaker of Rivers State House of Assembly.
Eighteen-Eleven Media