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Friday, October 21, 2022

Court summons Emefiele over failure to obey order

Mr Emefiele had yet to obey the order of the court to pay the judgement debt of 70 million dollars to Joe Agi, SAN.

• October 20, 2022
CBN governor, Godwin Emefiele
CBN governor, Godwin Emefiele

The Abuja Division of the Federal High Court has ordered the Central Bank of Nigeria (CBN) governor, Godwin Emefiele, to appear in court January 18, 2023 to explain his refusal to obey a valid court order.

Justice Inyang Ekwo issued the fresh order following confirmation that Mr Emefiele had yet to obey the order of the court to pay the judgement debt of 70 million dollars to Joe Agi, SAN.

The money is payment for legal fees for services rendered to some states and the 774 Local government areas in the country.

Mr Agi had obtained the judgement against the CBN governor following his refusal to carry out the order of court on the judgement debt.

The CBN governor, however, through his counsel, Damian Dodo, (SAN) applied that the judgement be set aside on the grounds that an appeal had been instituted against the judgement.

Joseph Njikonye (SAN), counsel to Mr Agi, objected to Mr Emefiele’s motion on the grounds that the order for the payment had not been effected.

Mr Njikonye argued that the CBN governor was in contempt of court and must be made to purge himself before the court could give him audience.

In a brief ruling, Justice Ekwo agreed that Emefiele must come to equity with clean hands.

The judge said this was by obeying the subsisting order of court on the judgment debt payment or honour judgment summon issued against him to offer reasons for disobeying a court order.

Mr Ekwo fixed January 18, 2023 for the CBN governor to appear in court as required by law.

The Federal High Court had ordered the CBN, through garnishee nisi absolute, to pay the senior lawyer the $70 million, being legal fees for services rendered to some states and the 774 local government areas in the country.

Garnishee order nisi directs the garnishee to appear in court on a specified date to show cause why an order should not be made upon him for the payment to the judgement creditor of the amount of debt owed by the judgement debtor.

A garnishee is a third party who is instructed by way of legal notice to surrender money to settle a debt or claim. 

(NAN)

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