May 20, (THEWILL) – The Court of Appeal, Abuja Judicial Division, has dismissed the appeal filed by the Economic and Financial Crimes Commission (EFCC) challenging the decision of the Kogi State High Court that it has jurisdiction to try the defamation suit instituted against the Commission by the State Government over the purported N20 billion bailout fund.
The appellate court, in a ruling delivered on May 18, 2023, in suit No. CA/ABJ/CV/290/2022, agreed with the Kogi State Government that the suit was properly commenced at the Kogi State High Court and therefore, ordered the EFCC to go back to the Kogi State High Court to file its defence.
Contrary to a false narrative in some sections of the media, the appeal has nothing to do with Ali Bello, as he was neither a party to the appeal nor joined in the appeal.
The appeal followed the defamation suit instituted by the Kogi State Government against the EFCC, Sterling Bank Plc and Central Bank of Nigeria in appeal No. CA/ ABJ/290/2022 over claims by the EFCC that the Kogi State Government kept the sum of N20 billion in an interest-yielding account.
With the victory of the Kogi State Government in the appeal filed by EFCC, the anti-graft agency has, therefore, failed to prove its case against the Kogi State Government.
The Court of Appeal asked the EFCC to go back and file its defence on the merit of the defamation suit, which seems to have been avoided since 2021, with the Commission challenging the decision of the Kogi State High Court to assume jurisdiction over the suit.
The Kogi State Government was represented by M.Y. Abdullahi, SAN and F.O. Ekpa, Esq, while Kemi Pinhero, SAN and Jubrin Okutepa, SAN represented the EFCC.
