Justice Olukayode Adeniyi of the Federal Capital Territory FCT High Court has ordered the Economic and Financial Crimes Commission (EFCC) to either release on bail the former Governor of the Central Bank of Nigeria, Godwin Emefiele or produce him in Court on Wednesday, November 8, 2023.
The EFCC had not produced Emefiele before the Court on Monday 6 November or obeyed the earlier release order.
The release order made on November 2 was said to have been ignored allegedly due to confusion in the interpretation of the court order.
But Justice Olukayode Adeniyi who was taken aback by the claim of the EFCC, rejected the claim and reaffirmed his order that Emefiele be either released on bail or be produced in Court on Wednesday, November 8 for the purpose of admitting him to bail.
The Judge warned them of the consequences of flouting the order.
At the resumed hearing of his fundamental rights enforcement suit, Emefiele through his counsel, Mathew Burkaa, a Senior Advocate of Nigeria (SAN) had complained that the anti-graft agency did not obey the order issued on November 2, 2023.
He drew the attention of Justice Adeniyi to the fact that his client had spent 149 days in the custody of Federal Government agencies since June 10 when he was first arrested by the operatives of the Department of the State Service (DSS).
Upon being called for explanations on why the Court order was not obeyed, EFCC lawyer, Farouk Abdallah 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, had no ambiguity or predicated on any condition
At this stage, Abdalla apologized for the failure to comply with the order stating that EFCC, as an agency of government established by law, would not take a Court order for granted or treat it with levity.
He repeatedly assured the Judge that his client would carry out the order because he had no option but to obey all lawful orders of the court.
Although the EFCC prayed for his motion on notice to be heard, Justice Adeniyi ordered that the subsisting order must first be obeyed.
He consequently gave the anti-graft agency till November 8 for Emefiele to be unfailingly produced in Court for the purpose of admitting him to bail.
Oyin Koleoso who stood as 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 promoting the Court to order the plaintiff’s lawyer to rectify the anomalies before the adjourned date.
