From Godwin Tsa, Abuja
The Economic and Financial Crimes Commission (EFCC), yesterday, failed to produce former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, before the High Court at the Federal Capital Territory (FCT).
This was in breach of the release order made by the court on November 2.
Irked by the development, Justice Olukayode Adegbola Adeniyi 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, who dismissed the claim by the anti-corruption agency that it was confused on the interpretation of the court order, warned that the consequences of flouting the fresh order would be enforced to the letters.
At the resumed 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.
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).
Upon being called for 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 the order as issued by him was clear, 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 assured that 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 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.