Chief of Staff to Governor Rotimi Amaechi of Rivers state, Ezebunwo Nyeson Wike on Wednesday May 6, 2009 prayed an Abuja Federal High Court to stay proceeding in the case of criminal breach of trust and conversion of public funds totaling  N4.670 Billion (Four Billion, Six Hundred and Seventy Million Naira) brought against him by the Economic and Financial Crimes Commission,  EFCC.

Wike through his counsel, Lateef Fagbemi (SAN) moved for the motion asking to stay proceeding in the criminal charge pending the hearing and determination of an application that was pending at the Court of Appeal in respect of the same matter.

The application was supported by an eight-paragraph affidavit and one exhibit in form of the copy of the motion at the appeal court.

Fagbemi said his application was based on the fact that there was already a pending application for stay of proceeding before the court of appeal and that under the established hierarchy of court, proceeding has to stay pending the determination of an existing application in a higher court.

He submitted: “My Lordship, the following facts are not in dispute ,Your Lordship had earlier on delivered a ruling which is now in court of appeal. It has even been assigned a suit number.

“ Also, there is no counter affidavit, so what calls for determination is whether having become aware of the appeal and application for stay of proceeding this honourable court should proceed with the substantive matter”.

Fagbemi further stated that Section 40 of the EFCC Establishment Act which deals with Appeal against interlocutory ruling, must be subjected to that of Section 6 (6) of the 1999 constitution.

Reacting to the development, the prosecution counsel,Godwin Obla confirmed that he had been served with the motion for stay of proceeding and that the briefs had been settled in the court of appeal.” In the circumstance, my Lord, as officers in the temple of justice,I think it will not be right to foist a state of helplessness on the court of appeal.”

The judge ordered that the counsel would address her further on order 7 rule 4 of the court of appeal before she could arrive at her decision. She thereafter adjourned the case to Thursday 21 May,2009.