The Supreme Court on Tuesday dismissed appeals filed by the Attorney General of Rivers State and the Speaker of the State House of Assembly challenging the Economic and Financial Crimes Commission’s (EFCC) bid to investigate the administration of former Governor Peter Odili.
A five-member panel of the apex court, led by Justice John Okoro, threw out the appeals, affirming the Court of Appeal’s decision that granted the EFCC the right to challenge an earlier order barring it from probing Odili’s tenure.
The legal victory for the anti-graft agency comes amid the political turmoil in Rivers State, where Odili and the Minister of the Federal Capital Territory, Nyesom Wike, are reportedly at odds over the state’s leadership crisis.
A statement issued by EFCC’s Head of Media and Publicity, Dele Oyewale, traced the dispute back to 2007 when Odili, who governed Rivers State from 1999 to 2007, secured a perpetual injunction from the Federal High Court in Port Harcourt. The order restrained the EFCC from investigating, arresting, or prosecuting him and from examining the state’s finances during his tenure.
“Though the EFCC has challenged the injunction since 2008, the order has shielded Odili from scrutiny for nearly two decades. In 2018, the Court of Appeal granted the EFCC’s request for leave to appeal the Federal High Court’s decision, prompting the Rivers State Attorney General and the Speaker of the House of Assembly to file separate appeals at the Supreme Court to overturn that decision,” Oyewale stated.
At the hearing on Tuesday, the Supreme Court considered the appeal marked SC/CV/318/2018. During the proceedings, Justice Okoro questioned the validity of the case, noting its interlocutory nature.
The appellants’ lawyer, S.A. Somiari, SAN, argued that they were contesting the Court of Appeal’s decision to allow the EFCC to challenge the 2007 injunction.
However, Justice Okoro interjected, saying, “This is not the type of appeal we hear here,” and advised the parties to return to the Court of Appeal for the substantive case to be heard before approaching the Supreme Court.
Following the court’s position, Somiari applied to withdraw the appeal, a move that was not opposed by the EFCC’s legal team, led by Abubakar Mahmud, SAN, alongside Sylvanus Tahir, SAN, and B.O. Obialo.
Justice Okoro subsequently dismissed the appeal, stating, “The appeal is dismissed, having been withdrawn without any objection.”
A separate but similar appeal, marked SC/CV/447/2018, filed by the Speaker of the Rivers State House of Assembly, was also dismissed on the same grounds.
