The Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court sitting in Lagos to dismiss an application filed by ex-Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Emefiele is seeking to stop the forfeiture of some properties and monies linked to him.
The court had in August authorised the EFCC to temporarily take custody of the cash sum of $2.045 million, seven choice landed properties, and shares linked to Emefiele.
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At the resumption of proceedings, Emefiele’s counsel, Olalekan Ojo, asked Justice Deinde Dipeolu to stay further proceedings in the case pending the determination of the former CBN Governor’s appeal.
“We are urging your lordship to stay proceedings pending the hearing and determination of the appeal court in order to avoid judicial rascality,” Ojo said.
Rotimi Oyedepo, EFCC’s counsel, however opposed the application, stating that the former CBN Governor had not filed any appeal.
According to him, no motion from Emefiele was taken and ruled on that crystallised in an appeal.
He 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?
READ ALSO: Court Orders Forfeiture Of $2m, Seven Properties Linked To Emefiele
“I submit with due respect that the defendant just went to dump mere documents in the 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.
“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 the 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 by the lower court before going to the higher court.
“This party has not shown any exceptional circumstances that will warrant any stay of proceedings.
“The purported appeal has no bearing in the final determination of this case.”
“Therefore, I urge the court to hold that there is no appeal and proceed with the hearing of pending applications.”
Dipeolu however adjourned the case till October 11 for his ruling on the application.
