The Economic and Financial Crimes Commission (EFCC) has urged the Federal High Court in Lagos to reject an application by former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, seeking to halt the forfeiture of assets linked to him.

On August 25, 2024, the court granted the EFCC temporary control over $2.045 million, seven prime properties, and shares associated with Emefiele.

During Friday’s proceedings, Emefiele’s counsel, a Senior Advocate of Nigeria (SAN), Olalekan Ojo, requested Justice Deinde Dipeolu to delay the case until the Court of Appeal resolves the former CBN governor’s appeal.

However, EFCC’s counsel, Senior Advocate of Nigeria Rotimi Oyedepo, countered the request, stating that no formal appeal had been lodged.

“The defendant has not filed any valid appeal,” Oyedepo said. “There was no decision made that could be appealed, yet they have rushed to the Court of Appeal.”

He added, “Even if there was an appeal, it would require the court’s permission, which hasn’t been sought. There are no grounds to halt these proceedings.”

Oyedepo argued that Emefiele’s appeal had no relevance to the case and urged the court to continue with the hearing.

He 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, owing to the fact that 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.

“Let us even assume there is an appeal, the question will be ‘has the leave of my lord been sought?’ the answer is no”.

“My lord, I submit with respect that this 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.

“I submit that there is no appeal against the decision of your lordship. In an interlocutory appeal, the application of the appellant must first be taken by the lower court before going to the higher court.

“This party has not shown any exceptional circumstances that will warrant any stay of proceedings.

“The purported appeal has no bearing in the final determination of this case.”

“Therefore, I urge the court to hold that there is no appeal and proceed with the hearing of pending applications.”

Justice Dipeolu has scheduled October 11 for his ruling on the matter.