The court of appeal in Abuja has stayed execution on the judgment barring the Economic and Financial Crimes Commission (EFCC) from prosecuting Leno Adesanya, promoter of Sunrise Power and Transmission Company.
On September 23, a federal high court in Abuja restrained the anti-graft agency from prosecuting Adesanya.
Inyang Ekwo, the presiding judge, also ordered EFCC to remove Adesanya’s name from its list of wanted persons.
In February, the EFCC declared Adesanya wanted over fraud allegations pertaining to the $6 billion Mambilla hydropower contract.
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The anti-graft agency said Adesanya is wanted “in an alleged case of conspiracy and corrupt offer to public officers”.
Adesanya and Sunrise had in the suit marked FHC/ABJ/CS/267/2024 challenged the EFCC’s action.
Displeased by the court order, the EFCC approached the appellate court to challenge the judgment.
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THE VERDICT
In a unanimous judgment delivered by a three-member panel, the appellate court on Thursday held that the motion for stay of execution filed by the attorney-general of the federation was not an abuse of court process.
Joseph Oyewole, the judge, agreed with the AGF that the execution of the lower court’s judgment will cause irreparable damage before the determination of a pending appeal.
Oyewale held that the balance of convenience was in favour of granting the relief sought.
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The judge granted the stay of execution of the judgment delivered by Ekwo against the EFCC.
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