Double Standard, As Same Justice Emeka Nwite In Charge Of Yahaya Bello’s Case Bars EFCC From Probing Former Ekiti Procurement DG
Justice Emeka Nwite of the Federal High Court, Abuja has issued an ex-parte order barring the Economic and Financial Crimes Commission (EFCC) from probing the ex-Ekiti Procurement Director General, O’Seun Odewale over the alleged embezzlement of funds budgeted for the Ekiti Airport project among other atrocities.
In contrast, the same Justice Nwite issued an order directing Yahaya Bello, a former governor of Kogi State to present himself for corruption trial in a N80.2 billion alleged money laundering case brought against him by the anti-graft commission.
SaharaReporters reported on October 17, 2022 that former Ekiti State Governor, Kayode Fayemi, had inaugurated an uncompleted Ekiti Cargo Airport along Ado-Ijan Road, Ado-Ekiti.
Fayemi had described the airport as a dream come true for Ekiti people, saying the facility would boost the socio-economic growth and development of the state.
However, SaharaReporters gathered that several projects had not been completed at the airport.
The Air Traffic Control (ATC), which is one of the most important facilities in an airport, was also yet to be put in place.
The former governor had added that the project, which began in 2019, was geared towards unlocking the vast potential inherent in the state to attract investors, provide easy transportation of agricultural products, and job opportunities and open the state for rapid development.
Later the State Government confirmed the report that the airport inaugurated by then Governor Fayemi was still under construction.
Meanwhile, in a bid to evade investigation and prosecution, Odewale and Ariyo Oyinkolawa Adesola filed an application before Justice Nwite in suit No: FHC/ABJ/CS/1340/2024, to stop the EFCC probe.
Granting the application on September 13, Justice Nwite ordered the parties involved to maintain status quo.
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According to Treasure Newspapers, Odewale in an affidavit in support of the motion ex parte dated September 10, 2024, told the court that the EFCC operatives who had previously detained him were allegedly forcing him to admit to committing the alleged offences and embezzling Ekiti State Government funds in his capacity as the Director General of the Bureau of Public Procurement, which he declined.
According to him, all the questions posed to him by the EFCC “were related to the awards of contracts by the Ekiti State Government, with an emphasis on the airport project initiated by the Dr. Kayode Fayemi-led administration, which had reached an advanced stage and was inaugurated,” adding that the operatives also probed other minor contracts awarded by Ekiti State Government under his watch.
The applicant’s lawyer, Chief R.O. Balogun, SAN, argued that his clients were detained by the EFCC for more than the period required by the relevant provisions of the Constitution of the Federal Republic.
He further argued that while the EFCC is using the investigation of Ekiti State Government finances as the basis for interrogating his clients, the propriety of the EFCC’s investigation regarding contracts awarded or executed by the government of Ekiti State is the subject of an appeal pending before the Court of Appeal in Ado-Ekiti.
He added there was also a pending motion for a stay of execution and an injunction pending appeal.
According to him, the pending case challenges the EFCC’s power to investigate or make inquiries into the contracts awarded or projects executed with monies appropriated by the Ekiti State House of Assembly.
The senior lawyer urged the court to restrain the EFCC operatives from further inviting or harassing his clients amid the pending cases, as they could suffer “irreparable damage or grievous hardship” if the ex parte motion was not granted.
At the resumed sitting on Friday, Balogun asked the judge to grant the ex parte motion, stating that EFCC operatives were still threatening his client over the probe of the Ekiti State Government’s projects despite the pending court cases.
In a brief ruling, Justice Nwite held that the interest of justice would be served by “ordering that the status quo be maintained pending the hearing of the application.”
The judge subsequently ordered that the status quo be maintained and adjourned the case to September 26, 2024.
