In the continuation of the trial involving the former governor of the Central Bank of Nigeria, Godwin Emefiele, the Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court sitting in Lagos State to dismiss a motion by him.
Godwin Emefiele had filed a suit seeking to stop the forfeiture of properties and monies linked to him.
During the continuation of proceedings on Friday, Emefiele’s counsel, Olalekan Ojo (SAN) urged Justice Deinde Isaac Dipeolu to stay further proceedings in the case pending the determination 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 this position was countered by 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.
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 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. It was argued that the appeal cannot stop the proceedings because the leave of court was not sought.
“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 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 ant 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 ruling on the issue till Friday, 11th of October.
It would be recalled that the court on August 25, 2024, gave the EFCC the permission to temporarily take custody of the cash sum of $2.045million, seven choice landed properties and shares linked to ex-governor of Nigeria’s apex bank, Emefiele.
