In a recent development, the Economic and Financial Crimes Commission (EFCC) is still deliberating on how to bring the former Rivers State Governor, Dr. Peter Odili, to account for the alleged misappropriation of N100 billion between 1999 and 2007. Although there have been media reports suggesting that the EFCC had intended to charge Odili in court over the case, the anti-graft agency has yet to take any substantial legal action due to a perpetual injunction issued by Justice Ibrahim Buba of the Federal High Court in March 2008.
According to a reliable source, the commission has not been able to overturn the injunction and is therefore unable to proceed with prosecuting the former governor. The EFCC is reportedly considering two options to handle Odili’s case. The first option is to vigorously pursue the case at the Appeal Court in an attempt to have the injunction overturned, allowing Odili and his officials to face court proceedings. The second option is to drop the case if legal advice suggests that the agency has little chance of winning.
However, the source clarified that the commission has not yet reached a decision or made any arrangements to retry Odili. The EFCC’s intention to review all pending corruption cases involving former governors, including Odili’s, only indicates that the agency is considering its options and has not quashed the perpetual injunction in favor of Odili.
To provide context, the EFCC initially filed an appeal against the first injunction in October 2008 at the Port Harcourt division of the Court of Appeal. In 2010, the EFCC enlisted the services of A.B. Mahmoud, a Senior Advocate of Nigeria, to pursue the appeal against the ‘perpetual injunction’ judgment obtained by Odili. However, during the ongoing case, Odili sought to be included as an interested party in the Court of Appeal.
The EFCC’s indecision regarding Odili’s case is indicative of the challenges faced by the agency in holding former government officials accountable for alleged financial crimes. As the commission assesses their legal standing and navigates through these obstacles, it remains to be seen whether Odili will eventually face trial for the alleged misappropriation of public funds.
