$53m Paris club refund: Court threatens to order Emefiele’s arrest

147

The Federal High Court in Abuja has issued a warning of potential arrest against Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN).

This warning comes in response to Emefiele’s failure to appear in court and provide an explanation regarding a $53 million judgement debt related to the Paris Club refund.

Justice Inyang Ekwo has emphasized the importance of Emefiele’s presence at the next hearing and mentioned that he will exercise some restraint to allow Emefiele the opportunity to clarify the situation.

Emefiele’s counsel, Audu Anuga, pleaded for another chance, explaining that they were unable to reach him since the previous order to appear in court.

Anuga informed the court that Emefiele, who was suspended from his CBN position, has been in detention, and their attempts to communicate the court’s directive to him were unsuccessful.

On Thursday, October 20, 2022, Justice Ekwo ordered Emefiele to appear in court on Wednesday, January 18, to address the alleged refusal to obey the court’s order for the payment of the judgement debt to legal practitioner Joe Agi.

This case originates from a $70 million judgement against Linas International Ltd., with Joe Agi as the judgement creditor. Agi has taken legal action against Linas International Ltd., the Minister of Finance, CBN, and Emefiele as the 1st to 4th judgement debtors, respectively, following an application for garnishment made by him as the judgement creditor in the case.

Agi had approached the court seeking assistance when Emefiele reportedly failed to adhere to the order for payment of the judgement debt.

Despite multiple court orders, Emefiele allegedly only released $17 million of the owed amount, leaving a significant outstanding balance of $53 million.

During the latest court session, when Ayodele Arotiowa, representing Joe Agi, was about to present his arguments, Justice Ekwo inquired about Emefiele’s compliance with previous court orders.

Emefiele’s lawyer, Audu Anuga, clarified that they couldn’t communicate directly with Emefiele due to his detention, which hindered their ability to relay court directives to him.

“We made an effort to see how we can communicate with the 4th respondent (Emefiele), but the 3rd respondent (CBN) was unable to communicate with the 4th respondent.

“We rely only on public communication that the 4th respondent is incarcerated and have been unable to communicate with him,” Anuga responded.

Justice Ekwo expressed concerns about the prolonged delay in Emefiele’s compliance, given that the case was filed as far back as 2017.

Anuga requested more time, stating that Emefiele was not aware of the court’s last directive, making it difficult for him to comply.

In response, the court granted one final opportunity for Emefiele and the CBN to present their justifications by October 31, 2023, as to why an arrest warrant should not be issued against the former CBN governor.

Despite his suspension and inability to represent the CBN, Emefiele was sued in his personal capacity, as clarified by the court.

The judge then adjourned the case until Tuesday, October 31, to allow the CBN and Emefiele to explain why an arrest warrant should not be issued against the former CBN governor.