The Federal High Court in Abuja has scheduled June 23 to hear a contempt (committal to prison) suit against the Governor of the Central Bank of Nigeria (CBN), Mr. Olayemi Cardoso, and two others over their alleged disobedience of a Supreme Court judgment.
The Supreme Court judgment in question concerns the reversal of the forfeiture of N1,222,384,857.84 and N220,000,000 in an appeal filed by Melrose General Services Limited against the Economic and Financial Crimes Commission (EFCC).
Justice G. Umar fixed the new hearing date on Monday after the legal teams for Melrose and the CBN—Chikaosolu Ojukwu, SAN, and Abdulfatai Oyedele, Esq.—took turns to present brief arguments on the Supreme Court judgment.
Nairametrics previously reported that in June 2024, the Supreme Court reversed the forfeiture order issued against the company’s funds in a case initiated at the Federal High Court by the EFCC.
Company Drags CBN to Court
In case number FHC/ABJ/CS/532/2025, Chikaosolu Ojukwu (SAN) brought a contempt suit before the trial court against the CBN Governor, the CBN Director, the EFCC, and the Minister of Finance.
Ojukwu cited the Supreme Court judgment, stating: “The appellant’s application (Melrose General Services Limited) to set aside the order of interim forfeiture of the sum of N1,222,384,857.84 in the appellant’s account with Access Bank Plc and N220,000,000.00 in the accounts of the 2nd and 3rd respondents (Wasp Networks and Thebe Wellness) is hereby granted.”
He informed the court, through his filings, that after the judgment was delivered, the EFCC, via the CBN, refunded N1,222,384,857.84 to his client in “partial compliance with the judgment.”
- However, he said the CBN Governor, Legal Director, and the CBN itself have allegedly failed, refused, and neglected to pay the outstanding balance of N220,000,000.00 to his client.
- He emphasized that their refusal to obey, enforce, and give effect to the judgment—as directed by the EFCC and the Ministry of Finance—amounts to contempt and undermines the authority of the Supreme Court.
Counsel for the CBN Governor, the Legal Director, and the CBN (first to third respondents), Abdulfatai Oyedele, Esq., in his Notice of Preliminary Objection and Counter-Affidavit, referred the court to a letter written to the CBN by Messrs Duale, Ovia & Alex-Adedipe on December 12, 2024.
- The CBN official told the court that Duale, Ovia & Alex-Adedipe described themselves as solicitors to Wasp Network Limited and claimed, on behalf of their client, the payment of N200,000,000 into the solicitors’ client account pursuant to the Supreme Court judgment in Appeal No. SC/1519/2019 – Melrose General Services Limited vs. Economic and Financial Crimes Commission & 2 Ors.
- The CBN official argued that the Supreme Court judgment never directed payment of N220,000,000 into the applicant’s account, but into the accounts of WASP NETWORK LIMITED and THEBE WELLNESS SERVICES (being the 2nd and 3rd respondents in the appeal), from where the said money was forfeited.
What Transpired in Court
At the court session on Monday, Ojukwu told the judge that the EFCC had written a memo to the CBN, instructing the apex bank to comply with the Supreme Court judgment.
“That memo from EFCC is not even attached to the CBN’s affidavit before the Court,” he added.
- He alleged that the CBN knows that if they produce the EFCC memo, the Court will see what transpired.
- He added that if the money is paid, his client will not come to court.
The judge then asked Abdulfatai if he was contesting the assertions of the senior lawyer.
- The CBN counsel maintained that the order of the Supreme Court is clear and that if Melrose is alleging disobedience to that order, it is not applicable to the CBN.
- He stressed that the money with respect to which Melrose went to the Supreme Court has been paid to the company.
- He said it is “strange for one entity to be demanding money that is due to other entities.”
“With the greatest respect, the CBN has complied with the order of the Supreme Court. We are not in contempt,” he stressed, highlighting that the apex bank has paid Melrose and Wasp, while the third entity is yet to be paid as the bank has not received a demand from them.
- After hearing the lawyers, the judge adjourned the case to Monday, June 23, for hearing.
- He also ordered that a hearing notice be issued to the defendants.
Backstory
The EFCC had claimed that an investigation revealed N3.5 billion was allegedly fraudulently paid to the appellant for a purported consultancy job for the Nigerian Governors’ Forum (NGF).
At the apex court, Melrose’s legal team argued that the disputed funds were payment for a contractual and consultancy agreement between their client and relevant government stakeholders.
In its majority decision, the Supreme Court agreed with the appellant, ruling that the EFCC failed to prove the funds were proceeds of fraud.
Consequently, the court upheld the appellant’s case and set aside the lower courts’ forfeiture orders.
