The Appeal Court, Abuja Division, has ordered the Chief Judge of Kogi State, Justice Josiah Joe Majebi, to transfer the case of Governor Yahaya Bello to another Judge.
This came after the Court set aside the injunction granted by the Kogi State High Court restraining the Economic and Financial Crimes Commission from investigating and prosecuting officials of the state.
The Commission on Tuesday, February 7, 2023, filed a motion before the appellate court, asking for a stay of execution of the judgment of the state high court.
This was contained in Suit No: HCL/696/2022 between Kogi State Government and the Commission, and Others delivered on December 12, 2022 as well as the consequential order made on the February 6, 2023.
The appeal was handled on behalf of the EFCC by Kemi Pinhero, SAN, Jubrin Okutepa, SAN and Rotimi Oyedepo, SAN.
However, in a unanimous judgment delivered on Thursday, the appellate court dismissed the preliminary objection of the Kogi State Government and also held that the ex-parte order of the trial court was “unlawful.”
The sum of N300, 000 (Three Hundred Thousand Naira) was awarded against the Kogi State Government and its officials.
On the other hand N100, 000(One Hundred Thousand Naira) was awarded against the state government for filing the frivolous preliminary objection.
Another sum of N200, 000.00 (Two Hundred Thousand Naira) was awarded for obtaining prejudicial ex-parte order against the Commission.