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EFCC defies court order, fails to produce Emefiele

By Deborah Onyofufeke, Abuja

The Economic and Financial Crimes Commission, EFCC, made an appearance at the High Court of the Federal Capital Territory yesterday in Abuja without the former Governor of the Central Bank of Nigeria CBN, Godwin Emefiele.

The presiding judge, Justice Olukayode Adegbola Adeniyi, had on the 2nd of November, ordered the EFCC to produce Emefiele in court to be granted bail or release him unconditionally.

This release order was said to have been flouted due to some alleged confusion in the interpretation of the court order.

At the resumed hearing of the fundamental rights enforcement suit of Emefiele, his counsel, Mathew Burkaa, a Senior Advocate of Nigeria, SAN, had complained to the court that the anti-graft agency did not obey the lawful clear order issued since November 2.

He stated that his client had spent 149 days in the custody of 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.

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He explained that the order could not be carried out because of ‘slight confusion’ observed in the order.

Justice Adeniyi who was not convinced by the claim presented before him by the EFCC lawyer rejected the explanation and ordered him to read in the open Court, Order 4 Rule 3 guiding the enforcement of fundamental human rights suit.

Justice Adeniyi thereafter 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 warned that the consequences of flouting the order would be enforced to the letters.

The Judge held that the order as issued by him was clear, had no ambiguity or was predicated on any condition for the anti-graft agency to toy with.

At this stage, Abdalla apologized for the failure to comply with the order stating that EFCC, as an agency of government established by law, would not take a 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 but to obey all lawful orders of the 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.

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