The Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court to reject an application filed by Godwin Emefiele, the former Governor of the Central Bank of Nigeria (CBN), seeking to stop the seizure of $2.045 million, seven choice landed properties, and shares linked to him.
On August 25, 2024, Justice Deinde Dipeolu granted the EFCC temporary custody of Emefiele’s assets pending the outcome of investigations into alleged financial misconduct.
During the recent proceedings, Emefiele’s counsel, Senior Advocate of Nigeria (SAN) Olalekan Ojo, pleaded with Justice Dipeolu to stay further proceedings in the case pending the determination of Emefiele’s appeal at the Court of Appeal.
Ojo argued, “We are urging your lordship to stay proceedings pending the hearing and determination of the appeal court in order to avoid judicial rascality.”
However, the EFCC’s counsel, Senior Advocate of Nigeria (SAN) Rotimi Oyedepo, vehemently opposed the application.
Oyedepo submitted that Emefiele had not filed any valid appeal, emphasizing that no motion from Emefiele was taken and ruled on, which would crystallize into an appeal.
“My lord, how can the defendant in this case rush to the Court of Appeal because the Federal High Court returned the case file to the administrative judge for assignment, owing to the fact that the annual vacation of the court ends on the next adjourned date?” Oyedepo questioned.
“I submit with due respect that the defendant just went to dump mere documents in the registry of the Appeal Court. Therefore, I urge the court to hold that there is no appeal.”
He further argued that Emefiele failed to seek leave from the court, a mandatory requirement for appeals involving mixed fact and law.
“Let us even assume there is an appeal, the question will be, ‘has the leave of my lord been sought?’ The answer is no,” Oyedepo stated.
Oyedepo concluded that Emefiele’s purported appeal has no bearing on the final determination of the case and urged the court to proceed with the hearing of pending applications.
Justice Deinde Dipeolu has adjourned ruling on Emefiele’s application until October 11.
