The governor of Nigeria’s central bank, Godwin Emefiele, has appealed the judgment of an Abuja Federal High Court, ordering him to appear before the court on Wednesday, Jan 18, 2023, over his refusal to comply with a $53 million debt judgment involving the Paris Club refunds.
Justice Inyang Ekwo, in an application for garnishee made on October 20, 2022, ordered Emefiele to appear before the high court on the said date, following confirmation that the CBN governor is yet to honor an earlier judgment made by the court.
A Senior Advocate of Nigeria, Joe Agi, had filed an application against Linas International Ltd, the Minister of Finance and the CBN in a suit marked FHC/ABJ/CS/1193/2017. The suit is seeking an order from the court to the Inspector General of Police to arrest the CBN governor and bring him to court.
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According to Daily Sun, Emefiele in his notice of appeal, which is predicated on three grounds and dated October 27, 2020, contended that the trial judge erred in law and occasioned a miscarriage of justice when it made an order compelling his attendance in court.
In his appeal, Emefiele argued that the appeals, marked CA/A/476/2018 between CBN V Joe Agi, SAN, & 2 others and CA/A/23/2020 between CBN V Joe Agi, SAN & 2, are appeals against the judgment the lower court is seeking to enforce.
In his argument, Emefiele’s counsel, Damien Dodo, said the proceedings to compel his client’s appearance after the appeals have been entered, place the trial court in a position where it is exercising concurrent jurisdiction with the Court of Appeal over the same subject matter.
He added that the trial judge erred in law which occasioned a miscarriage of justice when it compelled and ordered the central bank governor to personally appear in court without determining one way or the other, his application challenging the jurisdiction of the court.
Dodo reminded the appellate court that he had, on January 27, 2020, filed an application challenging the jurisdiction of the court as well as the service of forms 13 and 15 on him for non-compliance with the mandatory provisions of section 56, part IV, of the Sheriff and Civil Process Act.
He added that on February 22, 2022, the appellants jointly filed an application seeking to set aside the issuance and service of forms 13 and 15 on him, on the basis that the same ought not to have been issued during the pendency of the two mentioned appeals and the pending motions on notice for a stay of execution dated March 26, 2018, and July 11, 2019, respectively.
In further argument, Emefiele contended through his lawyer that the lower court erred in law occasioning a miscarriage of justice when it made an order compelling his appearance in court on January 18, 2023, when he is not a party to the suit before it.
Based on these arguments, Dodo prayed the appellate court to allow his appeal and set aside the orders made by the Federal High Court. The case has now been adjourned to March 20, 2023.