Paris Club refund: Again, court summons Emefiele over $53m judgment debt

A federal high court in Abuja has again summoned Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN), over a $53 million judgment debt from the Paris Club refund.

Inyang Ekwo, presiding judge, in a ruling on Tuesday, asked the ex-CBN governor to appear before the court in person, or an arrest warrant would be issued against him.

The development followed a plea by Audu Anuga, counsel to Emefiele, who told the court that all efforts to ensure that his client appeared in person were unsuccessful as he was still in custody.

Anuga informed the court that an affidavit to show why an arrest warrant should not be issued against Emefiele was filed on October 30.

Ekwo then asked I.A. Nnana, counsel to Joe Agi, applicant in the suit, if he had been served with the affidavit.

Responding, Nnana said they were served almost at the close of work on Monday.

Anuga explained that all efforts were made until October 27 to ensure that Emefiele was released on the orders of the court, but that the order was not complied with, which necessitated the filing of the affidavit.

Ekwo insisted that Emefiele must appear before the court on the next adjourned date.

“As for the 4th respondent (Emefiele), I have always said, contempt proceedings follow a person whether the person is still there or not,” NAN quoted Ekwo as saying.

“In this case, I have given this particular person so much liberty, so much leniency and the situation does not seem to change.

“I will adjourn the matter because the other side says they want to react to the process so there is not much talk.

“Order of court must be complied with and even if no one complies with the order of the court, the court must comply with its order.

“I will give you sufficient time.”

The judge adjourned the case to January 25, 2024.

BACKGROUND

The case began due to an alleged $70 million judgment debt against Linas International Ltd with respect to the Paris Club refund.

Emefiele allegedly only released $17 million, leaving $53 million in unpaid debt.

On January 23, 2020, the court ruled that the CBN governor must appear “to be examined on oath touching the means you have or have had, since the date of the said garnishee order absolute, to pay the balance of $53 million now due and payable under the said garnishee order absolute and also show cause why you should not be committed to prison for default in payment of the said sum”.

In October 2022, Agi, through his counsel Isaac Ekpa and Chinonso Obasi, filed another application against Linas International, minister of finance, and the CBN, seeking “an order directing the inspector-general of police to arrest Emefiele and bring him to court alongside his lawyers: Damian Dodo, Audu Anuga, both senior advocates of Nigeria, and Ginika Ezeoke, Jessica Iyoke, Abdullahi Afolayan, and Olayemi Afolayan”.

The court granted the application and ordered Emefiele to appear in court on Wednesday, January 18.

However, at the court session on January 18, the case was adjourned to March 20.

In a suit dated January 12, Emefiele asked the court of appeal in Abuja to set aside an order of a federal high court compelling his appearance in a $53 million judgment debt proceedings.

On June 6, the court ordered Emefiele to appear before it on July 19.

On June 9, President Bola Tinubu suspended Emefiele as CBN governor and directed him to transfer his responsibilities to the deputy governor, operations directorate.

On June 10, the Department of State Services (DSS) arrested the ex-CBN governor.

Emefiele was reportedly released from DSS custody on October 26 and was said to have been re-arrested by the Economic and Financial Crimes Commission (EFCC).