THE Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court sitting in Lagos to dismiss an application filed by the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to stop the forfeiture of some properties and monies linked to him.
On August 25, 2024, the court authorised the EFCC to temporarily take custody of the cash sum of $2.045 million, seven choice landed properties, and shares linked to Emefiele.
At the resumption of proceedings on Friday, Emefiele’s counsel, Senior Advocate of Nigeria, Olalekan Ojo, asked Justice Deinde Dipeolu to stay further proceedings in the case pending the determination of the former CBN governor’s appeal.
Ojo said, “We are urging your lordship to stay proceedings pending the hearing and determination of the appeal court in order to avoid judicial rascality”.
But EFCC’s counsel, Senior Advocate of Nigeria, Rotimi Oyedepo, opposed the application. He submitted that the former CBN governor had not filed any appeal.
According to him, no motion from Emefiele was taken and ruled on that crystallised in an appeal.
Oyedepo said: “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?
“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.
“Let us even assume there is an appeal, the question will be ‘has the leave of my lord been sought?’ the answer is no”.
“My lord I submit with respect that this appeal cannot stop the proceedings in this matter because the leave of the court was not sought, as the rule of the court has made it mandatory when it is an appeal filed on the ground of mixed fact and law.
“I submit that there is no appeal against the decision of your lordship. In an interlocutory appeal, the application of the appellant must first be taken by the lower court before going to the higher court.
“This party has not shown any exceptional circumstances that will warrant any stay of proceedings.
“The purported appeal has no bearing in the final determination of this case.”
“Therefore, I urge the court to hold that there is no appeal and proceed with the hearing of pending applications.”
Justice Dipeolu has adjourned till Oct. 11th for his ruling on the application.