The Central Bank of Nigeria (CBN) governor, Godwin Emefiele, has been summoned by the Federal High Court in Abuja, to appear for a hearing on 18th January 2023, over a $53 million judgment debt arising from the Pars Club refunds. The order followed the application by a Senior Advocate of Nigeria, Joe Agi, against Linas International Ltd, the Minister of Finance, and the CBN through his lawyers, Isaac Ekpa and Chinonso Obasi, requesting an order directing the Inspector General of Police to arrest Emefiele and bring him to court alongside his lawyers: Damian Dodo, Audu Anuga, all Senior Advocates of Nigeria, and Ginika Ezeoke, Jessica Iyoke, Abdullahi Afolayan, and Olayemi Afolayan.
The suit arose over an alleged $70 million judgment against Linas over the lawyer’s services in the Paris Club refund, which Emefiele was said to have released only $17 million, leaving an outstanding $53 million.
The court had on January 23, 2020, ruled that Emefiele must appear “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 million now due and payable under the said garnishee order absolute and also show cause why you should not be committed to prison for default in payment of the said sum.”
The judgment summons which was issued by Justice Inyang Ekwo states, "That on the 16th October 2018, this Honourable Court made a Garnishee Order Nisi directing the Central Bank of Nigeria to attach the Sum of $70,000,000.00 (Seventy Million US Dollars) in its custody. On the 16th of October 2018, the Order was Served on the Central Bank of Nigeria under the leadership of Mr. Godwin Emefiele. Annexed hereto as EXHIBIT A is a copy of the Garnishee Order Nisi with the endorsement as to the date of service.
"That on November 21, 2018, Mr. Godwin Emefiele ignored the Garnishee Order Nisi after becoming aware and paid me $17,000,000.00 (Seventeen Million US Dollars) instead of the $70,000,000.00 (Seventy Million US Dollars). Annexed hereto as EXHIBIT B is the Central Bank of Nigeria's internal memorandum signed by Mr. Godwin Emefiele.
"That on July 5, 2019, I obtained a Garnishee Order Absolute in this Court against the Central Bank of Nigeria of which Godwin Emefiele is the Governor and alter ego for the sum of $70,000,000.00 (Seventy Million US Dollars) Which sum is due and payable under the said order but remains partially unsatisfied. The order absolute was served on the 29th of July 2019.
"That I aver that to date Godwin Emefiele, being the Governor of the Garnishee, the Central Bank of Nigeria, is liable as the Head of the Central Bank of Nigeria to pay or authorize payment of the sum payable under the said Order Absolute, and I make this averment on the following grounds:
"(a) That the said Godwin Emefiele, under the Central Bank of Nigeria Act, is the overall head and alter ego of the Garnishee, the Central Bank of Nigeria.
"(b) That Section 7 of the CBN Act provides that the Governor of the Central Bank of Nigeria shall be in charge of the day-to-day management of the Bank.
“(c) That Section 10 of the CBN Bye Law entrusts the Governor of the Central Bank of Nigeria with the management of the Bank and control over all the accounts and assets of the Bank.
"(d) That in the discharge of his statutory duties as the Governor of Central Bank of Nigeria, Godwin Emefiele has a duty to obey all orders of the Court against the Central Bank of Nigeria, including the Garnishee Order Absolute of 5th July, 2019.
"(e) That Godwin Emefiele, Governor of Central Bank of Nigeria, is aware of the said Garnishee Order Absolute of 5th July 2019.
"(f) That Godwin Emefiele though aware of the Court's Garnishee Order Nisi of 16th October, 2018 proceeded to contemptuously disburse funds meant for payment to me contrary to the Garnishee Order Nisi."
