EFCC Appeals Kogi Court’s Ruling, Seeks Stay of Committal Order

*Police appeals committal judgement, says call for sack of IG baseless

Kingsley Nwezeh in Abuja

The Economic and Financial Crimes Commission (EFCC), said yesterday it filed a motion before the Abuja Division of the Court of Appeal, seeking a stay of execution of the judgment of the Kogi State High Court in Suit No: HCL/696/2022 between Ali Bello and the Economic and Financial Crimes Commission, and Others, delivered on 12th of December, 2022 and the consequential order made on the 6th of February, 2023.

The Kogi High Court judgement sought to  commit the EFCC Chairman, Abdul rasheed Bawa, to prison for disobedience of a court order.
In the same breath, the Nigeria Police yesterday described the call for the sack and imprisonment of the Inspector-General of Police, Usman Baba, by some retired police officers, who secured judgment for their reinstatement into the force as “baseless and mischievous”.
A statement issued by the Spokesman of EFCC, Wilson Uwujaren, said other  reliefs sought by the commission in the motion on notice include an order of interlocutory injunction restraining the appellants/applicant from attempting to execute/ enforce the judgment of the trial court pending the final hearing and determination of the appeal.

In the supporting affidavit to the application, deposed to by Samuel Anele Ugwuegbulam, he affirmed that the appellants had “strong, good and arguable grounds of appeal”.
He averred that the trial court did not have jurisdiction to entertain the matter as the alleged infringement of the respondent’s fundamental human rights occurred in Abuja, and no element of it took place in Lokoja. Therefore, the trial court lacked jurisdiction to proceed to hear the suit, a fact which the appellant dully raised before His Lordship.

He further pointed out that the appellant had applied to the trial court for compilation and transmission of the record of appeal, but as at the time of filing the motion, the file of the case was yet to be released to enable transmission of the record to the registry of the appellate court
that rather than allow the record of the appeal to be transmitted, the trial court proceed to cite the appellant on 6th February for contempt
The deponent further averred that that, “If the execution/enforcement of the judgment of the 12th of December, 2023 and the pronouncement of the trial Court of 6th of February, 2023 is not stayed, it will jeopardize the appellants/applicants’ constitutional right of appeal and exercise of his statutory functions.”
Meanwhile, the Nigeria Police yesterday described the call for the sack and imprisonment of the Inspector-General of Police, Usman Baba, by some retired police officers, who secured judgment for their reinstatement into the force as “baseless and mischievous”.

A statement by the Force Public Relations Officer and Chief Supretendent of Police (CSP), Olumuyiwa Adejobi, said some retired police officers approached  the National Industrial Court in April 2022 to challenge their retirement. Judgment was  delivered in their favour by the court.
The statement said “the judgment, which has been appealed in suit number: NICN/AB/21M/2023 filed by the Nigeria Police legal team on Wednesday 8th February, 2023, and is currently in court awaiting a hearing and subsequent judgment on the appeal, is inconsistent with the provisions of the Public Service Rules on the basis for retirement from public service”.

“For the records, the said retired police officers joined the Nigeria Police Force as recruit constables in 1984 and 1986 respectively. Having served for ten years and over, they were privileged to be admitted as Force Entrants into Cadet Inspector Courses 33, 34, and 35 of the Nigeria Police Academy in 1994, 1996, and 2000 respectively.
“It is pertinent to note that “Force Entrant” is a scheme by the Nigeria Police Force where deserving officers with requisite educational records are upgraded to a higher cadre after a brief training period at the Police Academy or at any approved Police College, and as such, not a fresh appointment”, it said.

The statement further said:

“Essentially, this implies that the service duration of such officers continues counting and does not automatically restart. Therefore, according to the public service rules, the retired officers, having served in the public service and received salaries as required by law, cannot insist on remaining in service beyond the legally permitted period. Consequently, the purported call for their reinstatement is strange to the law and unrealistic.

“It is imperative to emphatically state that the Nigeria Police Force has filed a motion for a stay of execution while the appeal is slated for hearing at the Court’s convenience”.

It therefore, urged the public to discountenance calls for the sack of the IG.

“The Nigeria Police hereby urges members of the public to discountenance publications that were widely circulated in the news, calling for the sack of the IGP on the above grounds as they are baseless, malicious, and mischievous.

“The Nigeria Police assures the public of its continued commitment to entrenching respect for the rule of law both within the policing system and in the discharge of policing services to the general public”, it said.