The Federal High Court in Abuja has mandated former Governor of the Central Bank of Nigeria, Godwin Emefiele, to appear in court by January 25 to provide clarification on the circumstances surrounding a $53 million judgment debt originating from the Paris Club refund.
Justice Inyang Ekwo, in a brief ruling on Wednesday, granted Emefiele an additional opportunity to personally appear in court, warning that failure to do so would result in an arrest warrant being issued.
Emefiele’s counsel, Audu Anuga (SAN), explained to the court that all previous attempts to secure his client’s appearance had been unsuccessful as Emefiele was reportedly still in the custody of the Department of State Services.
The legal dispute arose when Senior Advocate of Nigeria, Mr. Joe Agi, initiated a garnishee proceeding against the CBN in an attempt to recover a $70 million judgment debt from Linas International Limited and the Minister of Finance.
Court documents, including Form 15 (Judgment Summons), revealed that following the garnishee order absolute, the CBN had disbursed a portion of the $70 million to Agi, leaving a remaining balance of $53 million. Despite repeated orders from Justice Ekwo, Emefiele had not made a personal appearance before the court until the recent development.
During the recent court session, Emefiele’s lawyer, Anuga, notified the judge that an affidavit had been filed on Monday to present reasons why an arrest warrant should not be issued against Emefiele.
A legal officer from the Legal Department of the CBN, Jeremiah Utaan, submitted an affidavit in support of Emefiele’s case, explaining that the former CBN governor had been in the custody of the Department of State Services since June 10.
“I verily believe that the cause of justice will not be served should the honourable court proceed to issue a warrant for the arrest of Godwin Emefiele,” he said.
Subsequently, the judge inquired with the counsel representing the judgment creditor, I.A. Nnana, whether he had received the necessary notification. Nnana acknowledged being served on Monday but requested additional time to prepare a response.
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In response, Justice Ekwo emphasized that non-compliance with court directives would not be tolerated and reiterated the imperative for Emefiele to make a personal appearance before the court.
“As for the 4th respondent (Emefiele), I have always said, contempt proceedings follow a person whether the person is still there or not.
“In this case, I have given this particular person so much liberty, so much leniency and the situation does not seem to change.
“I will adjourn the matter because the other side says they want to react to the process, so there is not much talk.
“Orders of court must be complied with and even if no one complies with the order of the court, the court must comply with its order.
“I will give you sufficient time.”
Following this, the judge postponed the case until January 25, allowing Emefiele the opportunity to present reasons why an arrest warrant should not be issued against him.
