The Economic and Financial Crimes Commission (EFCC) yesterday is to produce former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, before a High Court of the Federal Capital Territory tomorrow, November 8.
A release order made on November 2 to this effect was said to have not been obeyed following alleged confusions in the interpretation of the court order.
But Justice Olukayode Adegbola Adeniyi, who was surprised by EFCC’s claim rejected it and reaffirmed his order that Emefiele be either released on bail or be produced in court on November 8 for the purpose of admitting him to bail.
The judge warned that the consequences of flouting the order would be enforced to the letters.
During the hearing of his fundamental rights enforcement suit, Emefiele through his counsel, Mathew Burkaa, a Senior Advocate of Nigeria (SAN) had complained bitterly that the anti-graft agency did not obey the lawful clear order issued since November 2.
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He drew the attention of Justice Adeniyi to the fact that his client had spent 149 days in the custody of the Federal Government agencies since June 10 when he was first arrested by the operatives of the Department of the State Service DSS.
When called to make explanations on why the Court order was not obeyed, EFCC lawyer, Farouk Abdalla admitted that his client was actually served with the release order.
He however hinted that the order could not be carried out because of ‘slight confusion’ observed in the order.
Justice Adeniyi who was not impressed with the claim of the EFCC lawyer ordered him to read in the open court Order 4 Rule 3 guiding the enforcement of fundamental human rights suit.
The Judge said that the order, as issued by him, was clear, and had no ambiguity or predicated on any condition for the anti- graft agency to toy with.
At this stage, Abdalla apologised for the failure to comply with the order, stating that EFCC, as an agency of government established by law, would not take Court order for granted or treat it with levity.
He repeatedly said his client would carry out the order because it has no option than to obey all lawful orders of court.
Although the EFCC prayed for his motion on notice to be heard, Justice Adeniyi ordered that the subsisting order must be first obeyed.
He consequently gave the anti- graft agency till November 8, 2023 for Emefiele to be unfailingly produced in Court for the purpose of admitting him to bail.
Counsel to the federal government and the attorney-general of the federation (AGF) observed that some vital documents pleaded in the affidavit of Emefiele were not in the processes served on his clients, prompting the court to order the plaintiff’s lawyer to rectify the anomalies before the adjourned date.
