The Federal High Court Sitting in Lagos on Friday refused to stay further proceedings in the suit filed by the Economic and Financial Crimes Commission (EFCC) seeking the forfeiture of properties and monies linked to a former governor of the Central Bank (CBN), Godwin Emefiele.
Through his lawyer, Olalekan Ojo (SAN), the former banker had urged the judge to stay proceedings pending the hearing of an appeal he filed before the Court of Appeal seeking to nullify the temporary forfeiture order earlier granted by the court.
But Justice Deinde Dipeolu held in his ruling that interested parties had the right to approach the Court of Appeal, which must be contingent on the trial court’s decision.
The court also held that an appeal flows from the decision of a trial court, but in the instant case, the court had not made any decision as to any application filed or as to the substantive issues in the suit.
Justice Dipeolu, therefore, dismissed the application made by counsel to the former CBN governor, Olalekan Ojo (SAN), seeking to stay the court’s proceedings.
At the last sitting of the court, Ojo had urged the court to stay further proceedings in the case pending the determination of the banker’s appeal.
“We’re urging your lordship to stay proceedings pending the hearing and determination of the appeal court in order to avoid judicial rascality,” he said.
The Counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), had, however, objected insisting that no application from Emefiele was taken and ruled on that crystallised to an appeal.
Oyedepo said: “My lord how can the defendant in this case rush to the Court of Appeal because the (Federal High) Court returned the (case) file to the administrative judge for assignment, because the annual vacation of the court ends on the next adjourned date?
“I submit with due respect that the defendant just went to dump mere documents in the registry of the Appeal Court. Therefore, I urge the court to hold that there is no appeal.”
Oyedepo had also argued that the former CBN governor’s appeal cannot stop the proceedings in this matter because the leave of the court was not sought, as the rule of the court has made it mandatory when it is an appeal filed on the ground of mixed fact and law.
Justice Dipeolu then adjourned ruling on the issue till Friday, October 11th.