Justice Chukwujekwu Aneke of a Federal High Court in Lagos has vacated the order to freeze accounts of several companies allegedly connected to former Central Bank of Nigeria (CBN) governor, Mr. Godwin Ifeanyi Emefiele. This decision came after Anita Joy Omoile, identified as the Respondent and a Person Affected, successfully argued against the initial freezing order.
On December 4, 2023, the Economic and Financial Crimes Commission (EFCC) obtained an ex-parte order from the court to freeze the accounts of companies allegedly tied to Emefiele. The affected companies included Deep Blue Energy Services Ltd., Lipam Investment Services Limited, Til Communications Nigeria Limited, and Exactquote Bureau De Change Limited.
However, on February 23, 2024, Omoile challenged this decision by filing a Motion on Notice. She requested the court to vacate the freezing order, arguing that the EFCC failed to provide any concrete evidence of wrongdoing. Omoile maintained that neither she nor her company, Deep Blue Energy Services Ltd., had received any payments related to illegal activities from Emefiele or the CBN.
Supporting her motion, Omoile submitted a 29-paragraph affidavit and eleven exhibits. Her legal representative, Oluwalademi Ayeni-Segun, internal solicitor for Deep Blue Energy Services Ltd., also emphasized the lack of specific incriminating evidence.
Justice Aneke, after reviewing the submissions and evidence presented by both parties, concluded that the EFCC did not supply sufficient information to justify the freezing order. The judge highlighted that the EFCC’s affidavit lacked detailed facts linking the funds in the frozen accounts to any criminal activity or to Emefiele.
The court pointed out that for Sections 28 and 34(1) of the EFCC Act to apply, the EFCC needed to present clear and specific evidence of financial crimes. The judge noted that merely stating the funds were “reasonably suspected” to be proceeds of crime was insufficient without concrete proof.
Justice Aneke stated, “There is nothing before this court linking the funds / assets in schedulesupport A and B with Mr Godwin Ifeanyi Emefiele , the immediate past governor of the Central Bank of Nigeria which the applicant is investigating.
“There is also nothing before this court to show the offence for which Mr Godwin Ifeanyi Emefiele is being investigated for. The properties in schedules A and B have not been linked to any economic and financial Crimes”.
“I agree with the Respondent /Person Affected that the requirements of Sections 28 and 34 (1) of the EFCC Act have not been satisfied in the circumstances of this case.
” Accordingly, the Respondent’s application dated and filed on 23-2-2024 is hereby granted.
“The ex-parte orders of this court made on 4-12-2024 are hereby set aside / vacated.
” This is the ruling of this court.”