A Federal High Court sitting in Abuja, on Wednesday, July 19, 2023, threatened to issue a warrant of arrest against the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, over his failure to appear in court to explain the circumstances surrounding the $53 million judgement debt arising from the Paris Club refund.
Justice Inyang Ekwo, who ordered Emefiele to appear on the next adjourned date, said he was minded to exercise restraint in the proceeding to give the ex-CBN boss an opportunity to explain himself.
The development occurred following an intervention by Emefiele’s counsel, Audu Anuga, SAN, praying the court to give his client another opportunity due to the fact that they had been unable to reach him since the last order, directing him to appear in court.
Anuga told the court that Emefiele, who was suspended as CBN Governor, had been in detention.
He said all efforts to reach him to communicate the directive of the court to him were unsuccessful.
Ekwo had, on October 20, 2022, ordered Emefiele to appear in court on January 18 over his alleged refusal to obey the order of the court for the payment of the judgement debt in favour of a legal practitioner, Joe Agi, SAN.
Agi had dragged Linas International Limited, Minister of Finance, CBN, and Emefiele to court as 1st to 4th judgment debtors, respectively, following an application for garnishee made by him as judgement creditor in the case.
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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, before it was fixed for June 6.
The judge, on June 6, ordered Emefiele to appear before it on July 19 (today).
Emefiele, who was suspended as CBN Governor by President Bola Tinubu on June 9, was arrested by the operatives of the Department of State Services (DSS) on June 10 and has since been in detention.
Upon resumed hearing on Wednesday, Ayodele Arotiowa, who appeared for Agi, was about to make a submission when Justice Ekwo asked Emefiele’s lawyer if he had complied with the order.
Anuga said: “We made effort to see how we can communicate with the 4th respondent (Emefiele) but the 3rd respondent (CBN) was unable to communicate with 4th respondent.
“We rely only on public communication that the 4th respondent is incarcerated and have been unable to communicate with him.”
He said there was another development now as to whether Emefiele could act on behalf of the CBN.
The judge, who said the CBN has no issue, declared that Emefiele was sued in his personal capacity.
“I have given you enough opportunity but you are taking it for granted,” Justice Ekwo said, while directing Anuga to give a good reason why the court should not issue a warrant of arrest against Emefiele.
The judge, consequently, adjourned the matter until October 31, 2023, for the CBN and Emefiele to show cause why an arrest warrant should not be issued against the suspended CBN boss.
The dispute stemmed from an alleged $70 million judgement against Linas International Limited for the lawyer’s (Joe Agi) assistance with the Paris Club refund.
Emefiele was said to have only released $17 million, leaving an unpaid balance of $53 million.
