The Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court in Lagos to dismiss an application filed by the former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, seeking to prevent the forfeiture of properties and funds linked to him.

On 25 August 2024, the court authorised the EFCC to temporarily seize $2.045 million, along with seven prime landed properties and shares associated with Emefiele.

During proceedings on Friday, Emefiele’s counsel, Senior Advocate of Nigeria (SAN), Olalekan Ojo, requested that Justice Deinde Dipeolu suspend further hearings until the former CBN governor’s appeal is resolved. Ojo stated, “We are asking your lordship to stay proceedings pending the determination of the appeal in order to avoid judicial misconduct.”

However, EFCC counsel, Rotimi Oyedepo SAN, opposed the motion, arguing that Emefiele had not filed any formal appeal. Oyedepo asserted that there had been no ruling or order on any application from Emefiele that could be the basis for an appeal.

“My lord, how can the defendant rush to the Court of Appeal simply because the Federal High Court referred the case file to the administrative judge for re-assignment, due to the upcoming end of the court’s annual vacation?” Oyedepo remarked. “The defendant merely submitted some documents to the Appeal Court registry. I urge the court to declare that no legitimate appeal exists.”

Oyedepo continued, “Even if we assume there is an appeal, the question remains: has the court’s leave been sought? The answer is no.”

He added, “This appeal cannot halt proceedings as the court’s permission is mandatory when an appeal is based on mixed fact and law. The defendant has not demonstrated any exceptional circumstances to justify a stay of proceedings. The appeal has no bearing on the ultimate resolution of this case.”

Justice Dipeolu adjourned the matter until 11 October for a ruling on the application.