The Economic and Financial Crimes Commission, EFCC, on Monday, in Abuja refused to produce former Governor of the Central Bank of Nigeria CBN, Godwin Emefiele before a High Court of the Federal Capital Territory.
The release order made on November 2 was said to have been ignored by some alleged confusion in the interpretation of the court order.
But Justice Olukayode Adegbola Adeniyi who was taken aback by EFCC’s actions, rejected the claims and reaffirmed his order that Emefiele be either released on bail or be produced in Court on Wednesday, November 8 for the purpose of admitting him to bail.
The Judge warned that the consequences of flouting the order would be enforced to the latter.
At the resumed hearing of his fundamental rights enforcement suit, Emefiele through his counsel, Mathew Burkaa, a Senior Advocate of Nigeria SAN had complained bitterly that the anti-graft agency did not obey the lawful clear order issued since November 2.
He drew the attention of Justice Adeniyi to the fact that his client had spent 149 days in the custody of federal government agencies, from when he was first arrested by the operatives of the Department of the State Service DSS.
Upon being called for explanations on why the Court order was not obeyed, EFCC lawyer, Farouk Abdalla admitted that his client was actually served with the release order.
He, however, hinted that the order could not be carried out because of ‘slight confusion’ observed in the order.
Justice Adeniyi who was not impressed with the claim of the EFCC lawyer ordered him to read in the open Court, Order 4 Rule 3 guiding the enforcement of the fundamental human rights suit.
The Judge said the order as issued by him was clear, had no ambiguity or was predicated on any condition for the anti-graft agency to toyed with.
At this stage, Abdalla apologized for the failure to comply with the order stating that EFCC, as an agency of government established by law, would not take a Court order for granted or treat it with levity.
He repeatedly assured that his client would carry out the order because he had no option but to obey all lawful orders of the court.
Although the EFCC prayed for its motion on notice to be heard, Justice Adeniyi ordered that the subsisting order must first be obeyed.
He consequently gave the anti-graft agency till November 8 for Emefiele to be unfailingly produced in Court for the purpose of admitting him to bail.
Oyin Koleoso who stood as Counsel to the Federal Government and the Attorney General of the Federation AGF observed that some vital documents pleaded in the affidavit of Emefiele were not in the processes served on his clients prompting the Court to order the plaintiff’s lawyer to rectify the anomalies before the adjourned date.