The Economic and Financial Crimes Commission, EFCC, on
Monday, failed to produce the embattled former Governor of the Central Bank of
Nigeria, CBN, Godwin Emefiele, before the High Court of the Federal Capital
Territory sitting at Maitama, as it was directed to do.
Justice Olukayode Adeniyi had on November 2, ordered the
anti-graft agency to either release Emefiele unconditionally or produce him in
court to be granted bail.
However, at the resumed proceeding in the matter, Emefiele’s
lawyer, Mr Mathew Burkaa, told the court that EFCC flouted the order.
“My lord they have flouted both orders as 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,” Emefiele’s lawyer added.
On his part, the lawyer that represented the EFCC, Mr Farouk
Abdullahi, while confirming that the order was served on the Commission, said
it was not true that Emefiele has been in the custody of the agency 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
Respondent for over 100 days.
“He has only been in custody of 3rd and 4th for only 7 days
“We got the processes and we intend to react to them to set
the record straight.
“Unfortunately, we are unable to do so because the processes
received by 3rd and 4th respondents were incomplete.
“We are not
insinuating that it was deliberate, it may be inadvertent on the part of
counsel for the Applicant.
“Certain exhibits they referred to, particularly exhibit E,
were not attached.”
Queried by the judge if the absence of the exhibit was
sufficient reason for EFCC to disobey the order of the court, Farouk, said they
misunderstood the order.
“My lord, we thought that the order was that we either
release him unconditionally or bring him to the court so that his bail
application will be heard.
“My lord, the 3rd Respondent is a law-abiding establishment
that will never take orders of this court for granted,” the EFCC lawyer
pleaded.
Meanwhile, before he adjourned the matter till November 8,
Justice Adeniyi reinstated the orders of the court.
He ordered the EFCC to either release Emefiele
unconditionally or in the alternative, produce him in court on the next
adjourned date to be admitted to bail.
Emefiele, who has been in detention since June 9, approached
the court to enforce his fundamental human rights.
Aside from seeking his immediate release from EFCC custody,
he is praying the court to award him damages to the tune of N5 million.
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