The Supreme Court has dismissed appeals filed by the Attorney General of Rivers State and the Speaker of the State’s House of Assembly against the leave granted to the Economic and Financial Crimes Commission by the Court of Appeal.
The leave allows the EFCC to challenge a Federal High Court, Port Harcourt, order that had barred the Commission from investigating Dr. Peter Odili’s tenure as governor of the state.
Recall that Odili served as the governor of Rivers State from 1999 to 2007.
In a ruling by a five-member panel led by Justice John Okoro, the Supreme Court effectively cleared the way for the EFCC to investigate Dr. Odili’s eight-year rule over the oil-rich state. This decision brings an end to the long-standing legal battle between the Commission and Odili’s administration, allowing for further scrutiny into the former governor’s tenure.
According to a statement by EFCC Spokesman, Dele Oyewale, the legal dispute began in 2007 when Dr. Odili obtained a perpetual injunction from the Federal High Court in Port Harcourt. The injunction barred the EFCC from investigating, arresting, or prosecuting him and prohibited the agency from probing the finances of Rivers State during his tenure. Despite the EFCC’s attempts to contest the injunction since 2008, the order had shielded Odili from any 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 ruling, prompting the Attorney General of Rivers State and the Speaker of the State’s House of Assembly to file separate appeals at the Supreme Court, seeking to overturn the appellate court’s decision.
On March 10, 2025, the Supreme Court convened to hear the appeal, marked SC/CV/318/2018. During the proceedings, Justice Okoro raised concerns about the nature of the case, questioning the appeal’s substance. The lawyer representing the litigants, S. A. Somiari, SAN, argued that the appeal contested the leave granted by the Court of Appeal for the EFCC to appeal the 2007 injunction. However, Justice Okoro interjected, stating, “This is not the type of appeal we hear here,” and advised the parties to return to the Court of Appeal to have the substantive appeal heard before approaching the Supreme Court.
Acknowledging the court’s position, Somiari requested to withdraw the appeal, and the EFCC’s legal team, led by Abubakar Mahmud, SAN, with Sylvanus Tahir, SAN, and B. O. Obialo, did not object to the withdrawal. Justice Okoro consequently dismissed the appeal, stating, “The appeal is dismissed, having been withdrawn without any objection.”
Similarly, another appeal filed by the Speaker of the House of Assembly, marked SC/CV/447/2018, was dismissed on the same grounds.
