EFCC fails to produce Emefiele in court as judge again orders release

A high court sitting in Abuja has again ordered the Economic and Financial Crimes Commission (EFCC) to release Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN), from its custody.

Olukayode Adeniyi, the presiding judge, on Monday, ordered EFCC to release or produce Emefiele in court on Wednesday.

BACKGROUND

On November 3, Adeniyi ordered the immediate and unconstitutional release of Emefiele from the EFCC custody.

The judge gave the order after a motion ex parte filed by Emefiele’s lawyers.

The former CBN governor had sued the federal government, attorney-general of the federation (AGF), EFCC and Ola Olukoyede, the anti-graft chairman, over his incarceration.

The anti-graft agency had arrested Emefiele on October 27 immediately after he was released from the custody of the Department of State Services (DSS), where he was kept since June 10.

MONDAY’S COURT PROCEEDINGS

At the resumption of hearing on Monday, EFCC failed to produce Emefiele in court.

Speaking, Mathew Burkaa, counsel to Emefiele, told the court that EFCC disobeyed the November 3 order.

“My lord, they have flouted both orders as today marks the 149th day of the applicant being in custody,” Burkaa said.

“The applicant is still in custody of the 3rd and 4th respondents, up till this moment that we speak.”

Responding, Farouk Abdallah, counsel to EFCC, said Emefiele has not spent over 100 days in the custody of the anti-graft agency.

The counsel said the former CBN governor has only spent seven days in EFCC custody.

“My lord, I do confirm that we received the order,” he said.

“It is however not correct that the applicant has been in custody of 3rd and 4th respondent for over 100 days.

“He has only been in custody of 3rd and 4th for only seven days.

“We got the processes and we intend to react to them in order to set the record straight.

“Unfortunately, we are unable to do so because the processes received by 3rd and 4th respondents were incomplete.

“We are not insinuating that it was deliberate, it may be inadvertent on the part of counsel for the applicant.

“Certain exhibits they referred to, particularly exhibit E, were not attached.”

The judge questioned the EFCC counsel on if the absence of the exhibit was sufficient reason for the agency to disobey court order.

Responding, the EFCC counsel said the agency misunderstood the November 3 court order on Emefiele.

“My lord, we thought that the order was that we either release him unconditionally or bring him to the court so that his bail application will be heard,” the EFCC lawyer said.

“My lord, the 3rd respondent is a law abiding establishment that will never take orders of this court for granted.”

After the arguments, the judge adjourned the matter and reinstated the November 3 court order.