Controversy Trails EFCC’s Appeal Against Odili

According to Leadership, Controversy is now trailing the whereabouts of the appeal filed before the Court of Appeal in Port Harcourt by the Economic and Financial Crimes Commission (EFCC) against the perpetual injunction granted to former Rivers State governor Peter Odili by a federal high court in 2007.

Justice Ibrahim Buba of the federal high court in Port Harcourt had in 2007 granted a perpetual injunction against the EFCC, restraining the Commission from prosecuting the ex-governor over alleged diversion of about N100billion state funds.

The judge further granted another injunction in 2008, stopping the EFCC and its agents from arresting, detaining and prosecuting Odili.

But following the public outcry that greeted the judge’s pronouncement, the EFFC later filed an appeal before the Court of Appeal in Port Harcourt, challenging the legality of Justice Buba’s judgment.

Checks by LEADERSHIP at the office of the deputy registrar, Court of Appeal in Port Harcourt, showed that there is no record of the EFCC’s appeal against the verdict of Justice Buba in the matter.

Concerted efforts by one of our correspondents to get official confirmation of the true position of the appeal were futile as none of the officials at the court was willing to talk on the issue.

The court officials further kept sealed lips on the matter just as they bluntly shunned any entreaties to produce the case file on the grounds that the issue was sensitive, and that they were not authorised to speak on the issue.

But the EFCC is insisting that an appeal was lodged against the decision of Justice Buba

Investigation by LEADERSHIP revealed that the appeal was filed by the Commission against the perpetual injunction in 2008.

It was also discovered that the EFCC had engaged the law firm of A.B. Mahmoud (SAN) to handle the appeal.

Further investigation revealed that the appeal was entered, listed in the appellate court’s record and marked Appeal No. CA/PH/622/08. The appeal was filed on October 17, 2008 while additional grounds of appeal were filed on March 15, 2012 and June 22, 2014.

Further hearing of the appeal was adjourned to November 26, 2014.  But on the said adjourned date, Odili’s lawyer brought a motion for a stay of proceedings.

The motion was argued on May 27, 2015. In its ruling on the matter on June 30, 2015, the appellate court, in its considered ruling, stopped further proceedings in the matter.

The matter, LEADERSHIP further gathered, had since remained in the cooler as at June 30, 2015.

But a source close to the matter told LEADERSHIP in confidence that the Court of Appeal lacks the will to hear and judge the case.

The source said, “The court has not shown enough interest to hear and determine this case since it was filed in 2008. And the EFCC seems to be overwhelmed and frustrated in this matter because of the dramatis personae involved. How can an appeal be pending in a court for about 10 years?”

LEADERSHIP recalls that the “Interim Report of the EFCC on former Governor Odili” allegedly disclosed that “over N100 billion of Rivers State’s were diverted by Odili.”

The report also contained serious allegations of fraud, conspiracy, conversion of public funds, foreign exchange malpractice, money laundering, stealing and abuse of oath of office against Odili.

But to stop Odili’s arrest following the indicting report, on February 22, 2007, the then Rivers State attorney-general and commissioner for justice had filed a suit challenging the powers of the EFCC to probe the affairs of the state. The Rivers AG further claimed that the activities of the EFCC were prejudicial to the smooth running of the government of Rivers State.

On March 23, 2007, Justice Ibrahim Buba of the Federal High Court, Port Harcourt, granted all the declaratory and injunctive reliefs sought by the plaintiff.

These include a declaration that the EFCC investigations are invalid, unlawful, unconstitutional, null and void; an injunction restraining the EFCC and the other defendants from publicising the report of the investigation, and an injunction restraining the EFCC from any further action in relation to the economic and financial crimes allegedly crimes committed by Odili.

And sensing that he would be arrested after his term in office, Odili again filed a suit against the attorney-general of the federation and minister of justice and the EFCC, seeking to enforce the judgment by way of an ex -parte order barring the EFCC from investigating or arresting or prosecuting him.

Though Justice Buba declined to grant the prayers ex parte – by ordering that all parties be served notice of the motion, the judge had on March 5, 2008, held that his earlier judgement delivered in March 2007 was binding on all parties.

Justice Buba further granted a perpetual injunction restraining the EFCC and its agents from arresting, detaining and prosecuting Odili for whatever may have transpired during his tenure as Rivers State governor based on the purported investigation by the EFCC.

LEADERSHIP reports that at the time of EFCC’s appeal against Buba’s perpetual injunction, Odili’s wife, Justice Mary Odili, was a justice of the Court of Appeal before her elevation to the Supreme Court where she currently serves.

 Source: Leadership