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Friday, February 12, 2021

CBN cannot appeal court order to unfreeze #EndSARS accounts: Falana

The 20 bank accounts were unblocked on Wednesday.

• February 11, 2021
Femi Falana
Femi Falana, SAN (Photo Credit: The Nigeria Lawyer)

Human rights lawyer Femi Falana on Thursday said the Central Bank of Nigeria cannot appeal the court judgment unfreezing the bank account of 20 #EndSARS campaigners.

Mr. Falana, speaking on Channels Television’s ‘Sunrise Daily’, said his clients would be instituting actions against the Buhari administration and CBN for violating their rights by illegally freezing their accounts last October out of “sheer intimidation.”

 “In October last year, the Central Bank of Nigeria went out of his way to obtain an ex parte to freeze the accounts of 20 #EndSARS protesters. The Central Bank asked to investigate the 20 people for alleged money laundering, terrorism and sundry offences. 

“Instead of 180 days, the court gave the CBN 90 days to commence and conclude investigation into the accounts of the activities of these young men and women.

“For the 90 days, throughout the duration of the order, there was no investigation at all because no offence was committed,” Mr. Falana said.

Some other lawyers, however, argued against Mr. Falana’s position, saying all cases emanating from the Federal High Court that are not statute-barred can be appealed. The Federal High Court is of inferior jurisdiction to the Court of Appeal and Supreme Court in Nigerian judicial order. 

On Wednesday, the Abuja Division of the Federal High Court vacated the freezing order on 20 bank accounts linked to protesters and promoters of #EndSARS.

Justice Ahmed Mohammed initially granted CBN’s suit against the #ENDSARS protesters, which was filed through its counsel Michael Aondoakaa, a senior lawyer.

The order, initially for 180 days, was to enable the CBN to investigate the alleged crimes of sponsoring terrorism against the defendants.

In November, CBN Governor Godwin Emefiele obtained an ex-parte order from the Abuja Division of the Federal High Court to freeze the accounts of 19 individuals and one media advocacy group linked to #EndSARS protests against police brutality and poor governance last October. 

In December, Peoples Gazette reported how the Federal High Court chief judge John Tsoho said the court gave the controversial freezing order in error. Mr. Tsoho said there was a misunderstanding that the accounts belonged to corporate bodies under suspicion of money laundering.

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