Justice Ekwo summons CBN Governor, Emefiele, over $53million payment defaults

Justice I. E. Ekwo of the Federal High Court, Abuja has summoned the Central Bank Governor, Mr. Godwin I. Emefiele to appear before him. ...

Justice I. E. Ekwo of the Federal High Court, Abuja has summoned the Central Bank Governor, Mr. Godwin I. Emefiele to appear before him.

Emefiele is summoned to answer questions on why he should not be committed to prison for defaulting in the payment of $53,000,000.00 (Fifty Three Million US Dollars) creditor balance.

Justice Ekwo issued the judgment summons to Emefiele in a case with Suit No FHC/ABJ/CS/1193/2017 instituted against Central Bank of Nigeria as Garnishee/Respondent, Linas International Limited and the Minister of Finance as Judgment Debtors Garnishees by Mr. Joe Agi Judgement as Creditor/Applicant on behalf of a team of benefiting lawyers.

The judgement summons issued by Justice Ekwo and made available to newsmen in Calabar said “the plaintiff/judgment creditor obtained Garnishee Order Absolute against the Central Bank of Nigeria in the matter for the sum of $70,000,000.00 (Seventy Million US Dollars) and the same sum remains partially unsatisfied till date to the tune of $53 million.

“The Judgment Creditor has filed an affidavit in this Court, a copy whereof in hereunto annexed, wherein it is alleged that you the above-named Godwin Emefiele are liable [as the Governor of the Central Bank of Nigeria, the Garnishee] to pay the sum payable under the said Garnishee Order Absolute”.

The Judge further said, “You are therefore hereby summoned to appear personally in this Court, at the Federal High Court No. 5, Maitama, Abuja, FCT; on the 23rd day of January 2020 or a subsequent date of which you would be given notice at the hour of 9 O’ clock in the forenoon, to be examined on oath touching the means you have or have had since the date of the said Garnishee Order Absolute to pay the balance of $53,000,000.00 (Fifty Three Million US Dollars) now due and payable under the said Garnishee Order Absolute and also to show cause why you should not be committed to prison for default of the said sum.

“Take notice that if you deny that you are liable [as Governor of the Central Bank of Nigeria] to pay or direct payment of the sum payable under the said Garnishee Order Absolute you must appear at this Court on the day and at the hour above-mentioned. And that in default of your so appearing, you will be deemed to admit you are liable to pay the amount due and payable under the said Garnishee Order Absolute”.

This order was based on the Motion Ex Parte dated and filed the 8th day of November, 2019 by Mr. J. C. Njikonye, SAN, with Messrs Ejike Orji and I. A. Nnana, Counsels for the Judgment Creditor/Applicant seeking an order for substituted service of the Judgment Summons on Mr. Godwin I. Emefiele (Governor Central Bank of Nigeria) by publishing the summons in some national dailies and for any further order(s) as the court may deem fit to make in the circumstances.

Upon reading the affidavit in support of the motion Ex Parte proposed to by Joe Agi, SAN, and Justice Ekwo also made an order for substituted service of the judgment summons on Mr. Godwin I. Emefiele (Governor Central Bank of Nigeria) by publishing the summons in some national dailies within 21days of the order as the case was adjourned to January 23, 2020 for mention.

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