The Supreme Court of NIgeria has decisively dismissed two appeals filed by the Attorney General of Rivers State and the Speaker of the state’s Assembly.
These appeals sought to overturn the permission granted to the Economic and Financial Crimes Commission (EFCC) to contest an order that prohibits the investigation of Peter Odili’s tenure as governor of the state.
In 2007, Odili secured a perpetual injunction from a Federal High Court in Port-Harcourt, which restrained the EFCC from investigating or arresting him.
This injunction also barred the anti-graft agency from probing the financial dealings of the Rivers State Government.
The EFCC subsequently sought permission from the Court of Appeal to appeal the Federal High Court’s decision, even though their application was made out of time.
The appellate court granted this leave, prompting the AG of Rivers and the Speaker to take their grievance to the Supreme Court of Nigeria.
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On Monday, during the proceedings for the appeal filed by the AG, marked SC/CV/318/2018, Justice John Okoro—overseeing a five-member panel—demanded clarity on the case’s substance.
The appellant’s counsel, S. A. Somiari (SAN), attempted to articulate that it was an interlocutory appeal concerning the Court of Appeal’s permission for the EFCC to challenge the 2007 orders.
However, before Somiari could fully convey the significance of the appeal, Justice Okoro interjected, affirming, “This is not the type of appeal we hear here.” He instructed Somiari and the other parties to return to the Court of Appeal for the substantive matter to be addressed before escalating to the Supreme Court of Nigeria.
Recognizing the clear stance of the court, Somiari promptly moved to withdraw the appeal, a request that the EFCC, represented by Abubakar Mahmud alongside Sylvanus Tahir (SAN) and B. O. Obialo, did not contest.
Justice Okoro issued a ruling stating: “The appeal is dismissed, having been withdrawn without any objection.”
The same firm approach was taken regarding the appeal marked SC/CV/447/2018 put forth by the Speaker of the Rivers State House of Assembly.
