Judge Orders Arrest of EFCC Boss, Olukoyede, over Disobedience to Court's Order
in Abuja
Justice Abubakar Hussaini Musa of a High Court of the Federal Capital Territory (FCT), Abuja, has ordered the Inspector General (IG) of Police to arrest the Chairman of the Economic and Financial Crimes Commission (EFCC) Mr Ola Olukoyede, over alleged disobedience of a valid court order.
To be arrested alongside Olukoyede, is the commission's Head of Proceeds of Crime Unit, Mr Aliyu Yusuf.
According to the order both are to be arrested, "for the purpose of committing them to prison for disobeying the Court's Order".
The judge issued the order on Tuesday, after hearing the notice to show cause why the order of committal should not be made against the two anti-graft senior officials.
The motion which was filed by Chief Ikechi Emenike, sought to commit the EFCC's boss and the Head of Proceeds of Crime Unit to court, for failing to comply with the court's order directing them to vacate his private residence at number 6, Aso, Drive, Abuja.
The court had on December 6, 2023 ordered the anti-graft operatives to vacate Emenike's house, but rather than comply with the order, the respondents were said to have mobilized and broke into the living room of the applicant.
"Upon reading a 16-paragraph affidavit in support of the application deposed to by High Chief Ikechi Emenike of No. 6 Aso Drive, Abuja the Claimant/Applicant in this suit to which four exhibits were attached, and a Written Address in support of the application;
"And after listening to Adeyemi Pitan, Counsel for the Claimant/ Applicant argue in favour of the application and Hadiza Afegbua, Counsel for the Defendant/Respondent informing the Honourable Court that she has no response to the application; "It is hereby ordered as follows. (1) That an order is hereby made directing the Inspector-General of Police to arrest Ola Olukoyede who is the Chairman of the Economic and Financial Crimes Commission (EFCC) and Aliyu Yusuf who is the Head of Proceeds of Crime Unit, Economic and Financial Crimes Commission (EFCC) for the purpose of committing them to prison for disobeying the Orders of this Honourable Court contained in the Ruling of this Court delivered on the 06" day of December, 2023;
(2) That an order is hereby made directing Ola Olukoyede who is the Chairman of the Economic and Financial Crimes Commission (EFCC) and Aliyu Yusuf who is the Head of Proceeds of Crime Unit, Economic and Financial Crimes Commission (EFCC) to appear before this Honourable Court on the date mentioned in this Order to show cause why an Order
in this Order to show cause why an Order for their Committal to prison should not be made".
Meanwhile, a Certified True Copy (CTC) of the enrolled court order, signed by the Court's Registrar, one Victor Ifeachor, revealed that the suit marked: CV/8690/2023, has been adjourned to January 25, 2024 for hearing.
In an affidavit deposed to in support of the motion number: 2615/2024, the applicant claimed that the bailiff of the court served the office of the defendant the enrolled order on December 07, 2023.
"That notwithstanding the service of the enrolled Order, the Respondent and its Principal Officers named in this contempt proceedings have refused to obey the said Court Order.
"That in a strange fashion, on December 7 2023, about 6:00am, 35 operatives of the Defendant on the authority and directive of the chairman and head of proceeds of crime unit, over powered the security and domestic guards and broke into my living room when i was barely on pajamas. Pictures of the breaking and certificate of compliance are here with attached and marked as exhibit B1 &2.
"That my lawyers caused to be filed on December 8, 2023, Form 48 that is, Notice of Consequences of disobedience but the principal officers of the defendant named in this proceedings refused to be served personally.
"That My lawyers swiftly filed an application for substituted service of the order on the principal officers of the Defendant named in this contempt proceedings which application was granted on December 12, 2023
directing the Forms 48 to be served either by DHL Courier or by pasting same on the gate of the Defendant.
"That in compliance with the order of the court, My Lawyer immediately caused to be sent through the DHL Courier the Court order as well as the Form 48 which was delivered on December 18, 2023", he averred .
Adding that, "the defendant has refused to vacate the premises of the Claimant even after it was in receipt of the Order of this Honorable Court and the said Form 48.
"That in spite of the service of Form 48 on the Officers of the Respondents, there has not been any compliance with the Order of Court dated 06/12/2023".
Emenike submitted that there is no competent appeal that has been filed to challenge the order of injunction granted by the court restraining the Defendant from arresting and or harassing him and or invading his private residence.
"That it is the duty of this Honorable Court to protect and enforce its subsisting Order otherwise public confidence in our Court would be eroded", he added.