The Supreme Court has dismissed two appeals filed by the Attorney General of Rivers State and the Speaker of the State House of Assembly, seeking to overturn the leave granted to the Economic and Financial Crimes Commission (EFCC) to challenge an injunction preventing the probe of former Governor Peter Odili’s tenure.
In 2007, Odili obtained a perpetual injunction from a Federal High Court in Port Harcourt, barring the EFCC from investigating or arresting him. The order also prohibited the agency from probing the finances of the Rivers State Government.
However, the EFCC later sought permission from the Court of Appeal to challenge the Federal High Court’s decision outside the stipulated time. The appellate court granted the request, prompting the Rivers State Attorney General and the Speaker to appeal to the Supreme Court.
During Monday’s proceedings, when the appeal marked SC/CV/318/2018 was called, Justice John Okoro, who led a five-member panel, questioned the essence of the case.
Senior Advocate of Nigeria (SAN) S.A. Somiari, representing the appellants, explained that the appeal was an interlocutory challenge against the leave granted to the EFCC.
However, before Somiari could elaborate, Justice Okoro interjected, stating, “This is not the type of appeal we entertain here.” He advised the appellants to return to the Court of Appeal and allow the substantive case to be heard before escalating it to the Supreme Court.
Sensing the court’s stance, Somiari applied to withdraw the appeal, a move that was not opposed by EFCC’s counsel, Abubakar Mahmud, or B.O. Obialo, who represented other respondents.
Ruling on the matter, Justice Okoro stated: “Appeal is dismissed, having been withdrawn without any objection.”
The Supreme Court applied the same ruling to another appeal, marked SC/CV/447/2018, which was filed by the Speaker of the Rivers State House of Assembly.