Dr. Olisa Agbakoba, a former NBA chairman and senior advocate in Nigeria, has claimed that the Kogi State High Court’s order, which forbade the arrest of former Kogi State Governor Yahaya Bello, is still in effect.
He claimed that the Economic and Financial Crimes Commission, EFCC had unlawfully asked for and been granted the subsequent order.
He contended that the legitimacy of the legal system may be jeopardised by inconsistent court rulings in situations such as these.
A High Court in Lokoja on the 17th of April granted a two-hour judgment restraining the EFCC from arresting, detaining, and prosecuting Bello.
That same day, the EFCC obtained a warrant of arrest against Bello from a Federal High Court in Abuja.
Agbakoba speaking against these conflicting court orders said in an interview with Channels TV, ”It may be true that an order that has a lifespan has expired. But it is not for us to determine that expiration, it is for the Judge to do that.
"The order granted by the Judge not to arrest the Ex-Governor stands. The only way to deal with that order is to go back to the judge and say that this is why I think the order should not have been granted.
"l disagree with the argument that the court order has expired. I strongly believe that the second order that the EFCC obtained was wrongly applied for and wrongly granted.
"We have seen it in election cases, conflicting decisions were made. This has the effect of making us look dramatic as an institution. If a Judge grants an offer rightly or wrongly, you challenge it or you apply to set it aside. You cannot decide to say that you will not obey it.”
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