Court defers ruling on application for interim forfeiture of assets linked to Emefiele
By Onyewuchi Ojinnaka
Justice Deinde Isaac Dipeolu of the Federal High Court sitting in Ikoyi, Lagos, on Friday deferred ruling and /or further proceedings in an application brought by the Economic and Financial Crimes Commission (EFCC) seeking for interim forfeiture of some assets belonging to embattled former governor of the Central Bank of Nigeria (CBN) Mr Godwin Ifeanyi Emefiele
In an application filed before the court, the EFCC had claimed that the assets located at Number 8A, Adekunle Lawal Road, Ikoyi, Lagos, were proceeds of unlawful activities by the ex-CBN boss.
The adjournment followed arguments by Mr. Olalekan Ojo (SAN), the lead defence counsel to Emefiele, that there was already an appeal at the Court of Appeal against the proceedings.
Mr. Ojo had argued that on September 12, 2024, the trial judge had adjourned the matter to October 4 for further directions and other proceedings. But the defendant has appealed against the judge’s decision of 5th September 2024.
He said he took the steps to compile records and “duly transmitted the record of appeal to the court on 30th September 2024.”
In addition, the defence counsel told Justice Dipeolu that he had filed a motion on notice “out of abundance of caution for stay of further proceedings on 2nd October 2024.”
He also filed an affidavit on 2nd October 2024 with relevant documents attached and served the EFCC on 3rd October 2024.
At this point, the judge inquired from the learned silk: “What should happen today?”
In his response, Mr. Ojo cited several legal authorities to buttress his argument that the court should stop further proceedings in the interim forfeiture case, asking whether or not a lower court can continue hearing a matter over which there is a pending appeal at an appellate jurisdiction. He submitted that the court would be wrong today to hear the motions of EFCC.
Responding, counsel to EFCC, Rotimi Oyedepo (SAN) in his counterargument said the appeal was an attempt to stop proceeding of action to forfeit properties derived from unlawful activity.
He argued that the two grounds in the notice of appeal were not against the ruling of the court on 12th September 2024 in which the judge said he would send the case file to the Chief judge for re-assignment since the judges’ vacation would end on 13 September 2024.
Mr. Oyedepo asked if the judge should “in all cases, stay further proceedings in respect of an interlocutory appeal which doesn’t touch on substantive issues before the court.”
He urged the court not to listen to Mr Ojo, saying that the application being sought is majorly a discretionary application and that the judge has power to decide on it.
The EFCC Counsel implored the trial judge to hear all pending applications in respect of the forfeiture because the appeal did not seek to terminate the proceedings.
But Mr. Ojo countered the EFCC counsel, saying that he does not seem to be conversant with new authorities on the issue, but more importantly as the EFCC application was not brought pursuant to Section 75 of Forfeiture Act 2022.
After listening to both counsels, Justice Dipeolu adjourned the matter to 11th October 2024 for ruling and or continuation of proceedings.
