Court Clears Path for Contempt Notice Against CBN Governor Amid Unresolved Judgment Debt

The Federal High Court in Abuja has given the green light for the initiation of contempt proceedings against the Governor of the Central Bank of Nigeria, Olayemi Cardoso, and the Director of Legal Services Department, Salam-Alada Kofo, due to their alleged non-compliance with a court order.

The court order in question, issued by Justice Inyang Ekwo on February 22, required the Central Bank to pay a judgment debt of N63.7 million and $10,000 following the unlawful arrest and detention of a German national, Martin Gegenheimer, by the Nigerian Immigration Service.

The notices of contempt, Form 49, have been specifically directed towards Cardoso and Kofo, compelling them to appear in court on a designated date to explain why they should not face committal for their actions.

The court emphasized the seriousness of the matter by reminding the CBN officials of the consequences of their disobedience to the court order, as outlined in Form 48, which was issued to them earlier.

The Federal High Court is taking a firm stance on ensuring that its orders are respected and followed, and the notices of contempt serve as a warning to Cardoso and Kofo to adhere to the court’s directives to avoid facing further legal consequences.

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The Garnishee Charter stipulates a 10-day timeline for all legal matters concerning the Garnishee to be resolved or responded to, a provision that the judgment creditor has yet to benefit from.

The order absolute issued against the CBN on February 22, 2024, by Justice Ekwo in a garnishee proceeding initiated by Gegenheimer seeks to enforce the ECOWAS Community Court’s judgment in favor of N63.7 million and $10,000.

The ruling mandates the CBN to deduct the judgment sum from the federal government’s funds in its custody, rejecting the CBN’s claim of deficit in the foreign exchange accounts.

Justice Ekwo emphasized that the ECOWAS Court’s judgments can be enforced by Nigerian courts, dismissing the argument that they qualify as foreign judgments under the FJRE Act 2004.

The judge concurred with the argument put forth by the counsel representing the judgment creditor, Makolo, emphasizing that according to Article 15 of the Reviewed Treaty of ECOWAS and Article 24 of the 2005 Supplementary Protocol (which amended the 1991 Protocol), the ECOWAS Court’s judgment can be registered and enforced in Nigeria without being classified as a foreign judgment. This is in line with the registration and enforcement process of any other court judgment in Nigeria.

Following this, Justice Ekwo proceeded to confirm and make final the garnishee order nisi that he had previously issued against the Central Bank of Nigeria (CBN). This order was issued to enforce the payment of the judgment creditor’s claim.

The German individual stated that he had traveled to Nigeria for business purposes but encountered an unfortunate incident upon his return to Kenya on February 23, 2020. Despite completing all necessary departure formalities, he was stopped by officials from the Nigerian Immigration Service (NIS) at the boarding gate of the Kenya Airways aircraft.

The NIS officials proceeded to arrest the German, confiscate his passport, and detain him in a crowded detention cell from February 23, 2020, to March 4, 2020. It is worth noting that this detention occurred during the COVID-19 pandemic, and the German alleges that he did not receive adequate food or medical care during his time in detention.

In response to his arrest and detention, the German filed a lawsuit marked as ECW/CCJ/APP/23/2020 before the ECOWAS Court. The case was heard by a three-member panel, with Justice Edward Amoako Asante, the president of the court, presiding.

On March 4, 2021, the court delivered its judgment, declaring the German’s arrest and detention to be illegal. As a result, the Nigerian government was ordered to pay him N53,650,925 as special damages to compensate for the various losses he suffered and the costs he incurred during his unlawful arrest and detention by the NIS.

The court also awarded additional costs to cover the expenses the German incurred for hotel accommodation during his forced detention by agents of the Nigerian government. Furthermore, the Nigerian government was directed to pay him N10 million in general damages as reparation for the violations and moral prejudice he endured due to the infringement of his rights. Additionally, the court ordered the government to reimburse the German $10,000, which he had

The court of the Economic Community of West African States (ECOWAS) has issued a directive for the Nigerian government to eliminate the German individual from its list of persons under surveillance, as well as to promptly and unconditionally return his German passport, which was confiscated in a manner deemed as arbitrary and illegal by the court’s ruling.