The Federal High Court, Abuja, yesterday, ordered the Governor, Central Bank of Nigeria (CBN), Godwin Emefiele, to appear before it on July 19, over a $53 million judgment debt, arising from the Pars Club refund.
Justice Inyang Ekwo, who gave the order during the hearing of a suit marked: FHC/ABJ/CS/1193/2017, insisted that the court will not hear Emefiele’s motion for stay until he appeared in court.
Justice Ekwo had, on October 20, 2022, ordered the CBN governor to appear in court on January 18, over his alleged refusal to obey the court order for the payment of the judgment debt in favour of a legal practitioner, Joe Agi, SAN. However, on January 18, proceedings could not go on as scheduled when the matter was called, prompting the court to subsequently adjourn the case till March 20.
Agi had dragged Linas International Ltd, Minister of Finance and CBN to court as first to third judgment debtors, respectively, following an application for garnishee made by him as judgment creditor in the case.
Upon resumed hearing yesterday, Agi’s counsel, Ayodele Arotiowa, informed that on the last adjourned date, the court made an order that Mr Emefiele should appear in court on the next date, and that the order had not been obeyed. Audu Anuga, SAN, who appeared for Emefiele and CBN, reminded that the court did not sit on the last adjourned date.
“There is an intervening circumstance, which we have brought to the attention of the court by filing an affidavit of fact,” he said.
The judge then asked when the appeal was filed by Anuga. “The appeal was filed on the 28th day of October, 2022,” the lawyer responded. He said besides the appeal, they also filed a motion for stay. Anuga, who said the appeal had been entered, explained that was why they filed an affidavit of fact.
Arotiowa said though they had been served with the processes, they had also responded. Anuga told the court that they had a pending application to set aside those orders.
Justice Ekwo then said it was because of the order he made that Emefiele should appear in court that prompted them to go on appeal, “so that he does not appear in this court. That is exactly what you have done. So, we, the trial court cannot do our job?
“I am not going to hear you on any application until Mr Godwin Emefiele appears in court. Therefore, I am going to give a date for you to report to the court on the compliance with the order of the court. Upon being aware that the motion for stay of execution is a live matter in this court, this court shall not hear that application, unless and until Mr Godwin Emefiele, who has been ordered to appear in court appears in court,” the judge declared.
He adjourned the matter until July 19 for report.