The Economic and Financial Crimes Commission (EFCC) is pushing for the Federal High Court in Lagos to reject a bid by former Central Bank of Nigeria (CBN) governor Godwin Emefiele aimed at stopping the forfeiture of his assets and funds.
This legal move follows an earlier ruling on August 25, 2024, where the court permitted the EFCC to seize $2.045 million in cash alongside seven high-value properties and shares tied to Emefiele.
During Friday’s court session, Emefiele’s attorney, Olalekan Ojo (SAN), pleaded with Justice Deinde Isaac Dipeolu to take further action until Emefiele’s appeal is resolved. Ojo argued that continuing the proceedings without considering the appeal would amount to “judicial rascality.”
However, EFCC’s lead counsel, Rotimi Oyedepo (SAN), fiercely opposed this request, stating that Emefiele had not adequately filed an appeal. Oyedepo, appearing with Bilkisu Buhari-Bala and C.C. Okezie, contended that no ruling was made in the lower court that warranted an appeal and that Emefiele’s legal team had submitted documents to the Court of Appeal without following due process.
“My lord, I submit with due respect that the defendant merely dumped documents in the Appeal Court’s registry,” Oyedepo argued. He further emphasized that even if an appeal existed, the defendant had failed to obtain the necessary permission (leave) from the court, which is required when filing an appeal based on mixed facts and law.
Oyedepo also argued that no exceptional circumstances presented would justify halting the case. He explained that in interlocutory appeals (which occur in the middle of ongoing cases), the lower court must first decide whether to allow the appeal before proceeding to a higher court.
“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 said, urging the court to proceed with the case immediately.
The session concluded with Justice Dipeolu adjourning the ruling until Monday, October 7, 2024, when the court will decide whether to proceed with the forfeiture case or stay the proceedings pending the appeal.
