The Supreme Court has dismissed two appeals filed by the Attorney General of Rivers State and the Speaker of the state’s Assembly, which sought to overturn the leave granted to the Economic and Financial Crimes Commission (EFCC) to challenge a 2007 order preventing it from investigating the tenure of former Governor Peter Odili.
In 2007, Odili obtained a perpetual injunction from the Federal High Court in Port Harcourt, barring 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.
Subsequently, the EFCC applied to the Court of Appeal for permission to challenge the Federal High Court’s ruling after the statutory appeal period had elapsed. The appellate court granted the request, prompting the Rivers State Attorney General and the Speaker of the Assembly to appeal the decision at the Supreme Court.
During Monday’s proceedings, Justice John Okoro, who presided over a five-member panel, questioned the substance of the appeal filed by the Rivers Attorney General, marked SC/CV/318/2018.
Senior Advocate of Nigeria (SAN) S. A. Somiari, representing the appellant, explained that the case was an interlocutory appeal challenging the Court of Appeal’s decision to grant EFCC leave to appeal the 2007 ruling.
However, Justice Okoro interjected, stating, “This is not the type of appeal we hear here.” He advised the parties to return to the Court of Appeal to resolve the substantive matter before approaching the Supreme Court.
Upon realizing the court’s stance, Somiari applied to withdraw the appeal. The EFCC’s legal team, led by Abubakar Mahmud (SAN), along with Sylvanus Tahir (SAN) and B. O. Obialo, did not oppose the request.
Justice Okoro subsequently ruled: “Appeal is dismissed, having been withdrawn without any objection.”
A similar ruling was issued for the appeal marked SC/CV/447/2018, filed by the Speaker of the Rivers State House of Assembly.
