Supreme Court Dismisses Rivers State’s Appeal to Stop EFCC Probe of Odili’s Tenure

The Supreme Court has dismissed two separate appeals filed by the Attorney General of Rivers State and the Speaker of the Rivers State House of Assembly, both aimed at stopping the Economic and Financial Crimes Commission (EFCC) from investigating the tenure of former Governor Peter Odili.

At the heart of the case is a 2007 perpetual injunction secured by Odili from the Federal High Court in Port Harcourt. This injunction barred the EFCC from arresting, investigating, or prosecuting him, and also prohibited the agency from probing the financial dealings of the Rivers State Government during his administration.

Following years of legal stalemate, the EFCC sought and was granted leave by the Court of Appeal to challenge the 2007 ruling despite the expiration of the original appeal window. In response, the Rivers State Attorney General and the Speaker of the House filed separate appeals at the Supreme Court, contesting the Court of Appeal’s decision to allow the EFCC to proceed.

On Monday, the Supreme Court heard the appeal marked SC/CV/318/2018, filed by the Attorney General. During proceedings, Justice John Okoro, who led the five-member panel, questioned the merit of the appeal. Senior Advocate of Nigeria, S. A. Somiari, representing the appellant, clarified that the appeal challenged the appellate court’s decision to grant the EFCC leave to appeal the original injunction.

However, Justice Okoro interrupted, indicating that the Supreme Court was not the appropriate forum for such an interlocutory appeal. He advised the parties to return to the Court of Appeal to pursue the substantive case before escalating it to the apex court. Acknowledging the court’s position, Somiari opted to withdraw the appeal. The EFCC’s legal team, led by Abubakar Mahmud and supported by Sylvanus Tahir (SAN) and B. O. Obialo, did not object.

Justice Okoro, in his ruling, formally dismissed the appeal, stating it was withdrawn without opposition. A second appeal, SC/CV/447/2018, filed by the Speaker of the Rivers State House of Assembly, met the same fate.