A Federal High Court in Abuja has provided former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, with an extended deadline to personally appear in court regarding the $53 million judgment debt stemming from the Pars Club refund. The court ruling comes after Emefiele’s plea that all efforts to secure his release for a personal appearance were unsuccessful, as he was still in custody.
Background and Context:
- Late Appearance: Emefiele and CBN’s counsel, Audu Anuga, SAN, informed the court that Emefiele’s late appearance in court was due to his ongoing custody, despite efforts to secure his release.
- Affidavit to Show Cause: Anuga mentioned that an affidavit to show cause why an arrest warrant should not be issued against Emefiele was filed on October 30.
- Settlement Efforts: Anuga expressed an interest in exploring settlement options, given that parties had been considering it before, and the CBN had a new governor.
- Court’s Insistence: However, Justice Inyang Ekwo insisted that Emefiele must personally appear in the next adjourned day, emphasizing the importance of complying with the court’s orders.
- Adjournment and Compliance: The judge adjourned the matter until January 25 for Emefiele to show cause why an arrest warrant should not be issued against him. He reminded that court orders must be followed, and if not, the court itself must comply with its orders.
Emefiele’s Statement and Circumstances:
An affidavit deposed on Emefiele’s behalf by Jeremiah Utaan, a legal officer in the Legal Department of CBN, asserted that Emefiele was willing to appear in court as directed but was unable to do so due to his continued detention by the Department of State Service (DSS). The affidavit explained that this situation had been ongoing since June 10.
Despite the circumstances, Emefiele’s absence was not out of disrespect for the court but rather due to factors beyond his control.
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Background of the Case:
- On July 19, the judge had threatened to issue a warrant of arrest against Emefiele for failing to appear in court.
- The court order, dating back to October 20, 2022, directed the CBN governor to appear in court on January 18 in response to allegations of non-compliance with the court’s payment order regarding a judgment debt in favor of legal practitioner Joe Agi, SAN.
- However, proceedings could not take place as scheduled on January 18, leading to subsequent adjournments of the case.
- Emefiele was suspended from his role as CBN governor on June 9 and detained by the DSS on June 10. He was then arrested and detained by the Economic and Financial Crimes Commission (EFCC) on October 26.
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