Authorization has been granted by the Federal High Court in Abuja for the issuance of contempt notices against Central Bank of Nigeria (CBN) Governor Olayemi Cardoso and Director of Legal Services Department Salam-Alada Kofo. This is in relation to their alleged failure to comply with a court order.
They have reportedly not followed a garnishee order absolute issued on February 22 by Justice Inyang Ekwo, instructing the Central Bank to pay a judgment debt of N63.7 million and $10,000 awarded against the federal government. This judgment stemmed from the unlawful arrest and detention of a German national, Martin Gegenheimer, by the Nigerian Immigration Service.
The notices in Form 49, requiring Cardoso and Kofo to justify why committal orders should not be issued against them, have been officially addressed to the two individuals. They are directed to appear in court on a specified date.
According to the notice, the CBN officials are summoned to attend the Federal High Court in Abuja to explain why they have not followed the court’s order. This includes the order absolute issued on February 22, 2024.
If they continue to disregard the court order, they may face consequences outlined in the earlier notice (Form 48) served on them. The notice highlights the potential consequences, including possible imprisonment for contempt of court.
The garnishee proceeding, marked FHC/ABJ/NJR/M3/2022, was initiated by Gegenheimer to enforce a judgment delivered by the ECOWAS Community Court on March 4, 2021, awarding him N63.7 million and $10,000.
In his ruling on February 22, Justice Ekwo instructed the CBN to deduct the judgment sum from federal government funds held by the bank. He dismissed the argument that the government’s foreign exchange accounts were in deficit, making it impossible to pay the full judgment amount.
Justice Ekwo affirmed that the ECOWAS Court’s judgments can be enforced by Nigerian courts and do not necessarily qualify as foreign judgments. He noted that the ECOWAS Court’s judgments can be registered and enforced in Nigeria as per relevant protocols.
Following his ruling, Justice Ekwo proceeded to make the garnishee order absolute against the CBN, setting the stage for further legal actions.
Gegenheimer’s case stemmed from his arrest and detention by the Nigerian Immigration Service during a business trip to Nigeria in February 2020. This ultimately led to the awarding of the judgment against the federal government.
The ECOWAS Court’s judgment declared Gegenheimer’s arrest and detention illegal, ordering the Nigerian government to pay him compensatory damages and other costs incurred during his unlawful detention.
This legal battle serves as a reminder of the importance of complying with court orders and the potential consequences of failing to do so.