By Jude-Ken Ojinnaka
Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos has granted the prayers of one Anita Joy Omoile (Respondent /Person Affected) by setting aside /vacating the ex-parte orders of the court made on December 4, 2023 for an order freezing the accounts of companies allegedly linked to former Central Bank of Nigeria governor Mr Godwin Ifeanyi Emefiele.
The court had on December 4, 2023 granted an ex-parte application brought by the Economic and Financial Crimes Commission (EFCC) and ordered interim freezing of some companies accounts with funds linked to former Central Bank of Nigeria governor, Mr Godwin Emefiele.
The companies are Deep Blue Energy Services Ltd., Lipam Investment Services Limited, Til Communications Nigeria Limited and Exactquote Bureau De Change Limited.
But reacting to the court’s order, on February 23, 2024 Anita Joy Omoile filed a Motion on Notice dated same date and sought amongst others, an order of the court vacating / discharging and /or setting aside the orders of the court granted ex-parte in this suit on 4th December, 2023.
And for such further or other orders as the court may deem fit to make in the circumstances of this case.
In her application, the Respondent /Person Affected stated that the EFCC(applicant )did not disclose any crime /offence that the Respondent /Person Affected committed and did not identify any specific credit / inflow in banks accounts stated in schedule A that is a proceed of crime or from any unlawful activity.
Anita Joy Omoile further stated that she has never at any time received payment from Mr Godwin Ifeanyi Emefiele or the Central Bank of Nigeria pertaining to any unlawful activity or crime
The Respondent’s application was supported with 29 paragraphs affidavit dated February 23, 2024, sworn to through one Oluwalademi Ayeni-Segun, and internal solicitor to Deep Blue Energy Services Ltd, one of the companies affected as well as the Legal Adviser to the Respondent /Person Affected. Eleven exhibits were attached to the Motion on Notice.
Delivering a ruling on the Suit No FHC/ L /CS/2485 /23, the presiding judge, Justice Chukwujekwu Aneke having gone through submissions of counsel to the parties, exhibits tendered and plethora of authorities and Sections of EFCC Act cited, held that Section 34(1) refers to schedule A of the Applicant’s application while Section 28 applies to schedule B of the said application of December 4, 2023 of which the court is called upon to exercise its discretionary powers.
The court noted that the Respondent argued in its application dated and filed on February 23, 2023 that the applicant did not supply sufficient facts in its affidavit in support of the ex-parte application to enable this court to judicially and judiciously exercise its discretion.
The court further noted that the applicant did not supply to the court the subordinate facts which the applicant discovered during its investigation which made the applicant to reach the conclusion that the funds /properties in its schedules A and B are reasonably suspected to represents the proceeds of economic and financial crimes.
Furthermore, the the Respondent submitted that the court cannot validly exercise its discretion by relying on the conclusions of the applicant, that is, the reasonably suspicion of the applicant without itself knowing those facts upon which the applicant relied to reach that conclusion that the funds /properties in schedules A and B are reasonably suspected to be proceeds of stolen funds.
Considering the arguements, submissions made by parties, Justice Aneke said, ” I have read the affidavit in support of the ex-parte application and the counter affidavit of 15-4-2024 filed by the applicant in opposition to the Respondent’s Motion on Notice dated and filed on 23-2-2024. “The applicant said severally therein that investigation revealed that the funds / properties in the said schedules A and B are reasonably suspected to be proceeds of the unlawful activities ofreally Godwin Ifeanyi Emefiele and his cronies.
This court is not part of that investigation.
“There is nothing before this court linking the funds / assets in schedulesupport A and B with Mr Godwin Ifeanyi Emefiele , the immediate past governor of the Central Bank of Nigeria which the applicant is investigating.
“There is also nothing before this court to show the offence for which Mr Godwin Ifeanyi Emefiele is being investigated for. The properties in schedules A and B have not been linked to any economic and financial Crimes”.
“I agree with the Respondent /Person Affected that the requirements of Sections 28 and 34 (1) of the EFCC Act have not been satisfied in the circumstances of this case.
” Accordingly, the Respondent’s application dated and filed on 23-2-2024 is hereby granted.
“The ex-parte orders of this court made on 4-12-2024 are hereby set aside / vacated.
” This is the ruling of this court.”
