Emefiele Court

Court denies Emefiele’s application to stay proceedings over forfeiture of assets

THE Federal High Court in Lagos today refused to halt proceedings in a case brought by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of assets and funds linked to former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

Emefiele, through his lawyer Olalekan Ojo (SAN), had asked the court to pause the case pending the outcome of an appeal he filed at the Court of Appeal, aiming to overturn an earlier temporary forfeiture order.

However, Justice Deinde Dipeolu ruled that while parties have the right to appeal, such an appeal can only proceed after the trial court’s decision.

The judge noted that an appeal is only valid after a ruling by the trial court, but in this instance, no substantive decision or application had been made.

Consequently, the court dismissed Ojo’s request to stay proceedings.

At a previous court session, Ojo had urged the court to suspend proceedings pending the outcome of the appeal, arguing it was necessary to prevent judicial overreach.

In response, EFCC counsel Rotimi Oyedepo (SAN) objected, stating that no appealable decision had been made by the court, and criticized Emefiele’s legal team for filing an appeal without proper grounds, particularly without the court’s permission for an appeal involving mixed questions of fact and law.

On August 15, 2024, the court granted the EFCC temporary custody of $2.045 million, several properties, and shares connected to Emefiele, which were suspected to be proceeds of unlawful activities.

Justice Akintayo Aluko had ordered the interim forfeiture of these assets, with a directive for the EFCC to publish a forfeiture notice for interested parties to challenge.

Subsequent court proceedings saw appearances by lawyers representing both Emefiele and other parties connected to the forfeiture case, with Ojo filing motions to halt further actions.

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