Peter Odili: Supreme Court Dismisses Rivers AG, Speaker’s Appeals Against EFCC

The Supreme Court has dismissed two appeals filed by the Attorney General of Rivers State and the Speaker of the state’s House of Assembly, which sought to overturn the leave granted to the Economic and Financial Crimes Commission (EFCC) to challenge a 2007 court order barring it from investigating former Governor Peter Odili.

In 2007, Odili obtained a perpetual injunction from the Federal High Court in Port Harcourt, which prevented the EFCC from investigating, arresting, or prosecuting him.

The order also barred the anti-graft agency from probing the finances of the Rivers State Government.

Years later, the EFCC sought permission from the Court of Appeal to challenge this ruling after the statutory appeal period had elapsed.

Naija News reports that the appellate court granted the request, prompting the Rivers State Attorney General and the Speaker of the Assembly to escalate the matter to the Supreme Court in an attempt to block the EFCC’s appeal.

Supreme Court Rejects Appeal, Directs Parties Back To Court Of Appeal

During Monday’s proceedings, a five-member panel led by Justice John Okoro 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 Attorney General, explained that the appeal was interlocutory, challenging the Court of Appeal’s decision to allow EFCC to challenge 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 and resolve the substantive matter before bringing it to the Supreme Court.

Realizing the court’s position, Somiari applied to withdraw the appeal.

The EFCC’s legal team, led by Abubakar Mahmud (SAN), alongside Sylvanus Tahir (SAN) and B. O. Obialo, did not oppose the request.

Appeal Dismissed

Following the withdrawal, Justice Okoro ruled, “Appeal is dismissed, having been withdrawn without any objection.”

Similarly, the court also dismissed a second appeal, marked SC/CV/447/2018, which was filed by the Speaker of the Rivers State House of Assembly, challenging the same appellate court decision.

With this ruling, the EFCC retains its legal standing to challenge the 2007 injunction shielding Odili from investigation, setting the stage for further legal battles in the Court of Appeal.