The Economic and Financial Crimes Commission (EFCC) has requested that the Federal High Court in Lagos reject a motion filed by the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, which aims to prevent the forfeiture of assets and funds associated with him.
On August 25, 2024, the court granted the EFCC permission to temporarily seize a cash amount of $2.045 million, along with seven prime properties and shares connected to Emefiele.
During the proceedings on Friday, Emefiele’s attorney, Olalekan Ojo (SAN), appealed to Justice Deinde Isaac Dipeolu to suspend further actions in the case until the resolution of the banker’s appeal.
“We’re urging your lordship to stay proceedings pending the hearing and determination of the appeal court in order to avoid judicial rascality,” Ojo said.
However, EFCC’s counsel, Rotimi Oyedepo (SAN), who appeared with Bilkisu Buhari-Bala and C.C Okezie, opposed him, saying Emefiele had not filed any appeal.
He stressed that no motion from Emefiele was taken and ruled on that crystallized to 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 first by the lower court before going to the higher court.
“This party has not shown any exceptional circumstances that will warrant a stay of proceedings. The purported appeal has no bearing in the final determination of this case. Therefore, I urged the court to hold that there is no appeal and proceed with the hearing of pending applications.”
Justices Dipeolu adjourned the ruling till Monday, 7th October.
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