Emefiele: Judge restates order for unconditional release

An Abuja High Court sitting at Maitama yesterday restated its order that directed the Economic and Financial Crimes Commission, EFCC, to release detained governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele, unconditionally.

Justice Olukayode Adeniyi had in a ruling delivered on November 2, ordered the anti-graft agency to either release Emefiele who had been in detention since June 9 or produce him in court to be granted bail.

However, at the resumed proceeding in the matter yesterday, Emefiele’s lawyer, Mr. Mathew Burkaa, SAN, told the court that EFCC flouted both orders.

He lamented that the agency spurned the directive of the court, even though it was promptly served with the order.

“My lord, they have flouted both orders and today marks the 149th day of the Applicant being in custody.

“The Applicant is still in custody of the 3rd and 4th Respondents, up till this moment that we speak,” he lamented.

On its part, the EFCC, through its lawyer, Mr. Farouk Abdallah, confirmed that it received the court order, insisting that contrary to the claim of the Applicant’s counsel, Emefiele had not been in its custody for over 100 days.

“My lord, I do confirm that we received the order. It is, however, not correct that the Applicant has been in custody of the 3rd and 4th Respondents for over 100 days. He has only been in our custody for seven days.

“We got the processes that were filed before this court and we intend to react to them to set the record straight.

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

“We are not insinuating that it was deliberate. It may be inadvertent on the part of the counsel for the Applicant. Certain exhibits they referred to, particularly exhibit E, were not attached,” the EFCC lawyer added.

Not satisfied with the response, Justice Adeniyi asked the EFCC lawyer to explain to the court if the absence of the exhibit was sufficient reason for the commission to disobey an order of the court.

“I made an order and it was very clear. Are you telling the court that because an affidavit was not attached, that was why you refused to comply with orders I made on November 2, Justice Adeniyi queried.

Responding, Abdullah said the anti-graft agency misunderstood the court order.

“My lord, we thought that the order was that we should either release him unconditionally or bring him to the court today so that the bail application will be heard.

“The 3rd Respondent is a law abiding establishment that has utmost respect for this court and will not flout orders of this court.

“As such, we pray the court to direct the Applicant to furnish us with all the processes to enable us to make the appropriate response,” Abdullah pleaded.

Before the case was adjourned till tomorrow, Justice Adeniyi directed Emefiele’s lawyer to serve the requested exhibit on the EFCC.

“The court, hereby, restates the order it made on November 2 for the Applicant to be released unconditionally or alternatively, produce him in court on the next adjourned date for purpose of admitting him to bail,” the court held.