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| Godwin Emefiele |
The Economic and Financial Crimes Commission (EFCC) has urged the Federal Capital Territory High Court in Maitama, Abuja, to dismiss a no-case submission filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, and order him to enter his defence in the ongoing trial.
The anti-graft agency argued that the evidence presented by the prosecution had established a prima facie case against Emefiele, requiring him to respond to the allegations.
The application was argued before Justice Hamza Mu’azu, with prosecution counsel and Director of Public Prosecutions of the Federation, Rotimi Oyedepo (SAN), insisting that the evidence presented was sufficient to require the former CBN governor to defend himself.
Emefiele is facing an amended 20-count charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy and obtaining money by false pretence. The charges include allegations relating to the withdrawal of $6.23 million from the CBN and the alleged conferment of corrupt advantages in the award of contracts.
EFCC Cites Alleged Forged Letters in $6.23 Million Withdrawal
Addressing the court, Oyedepo argued that testimony from witnesses, including former Secretary to the Government of the Federation, Boss Mustapha, and a forensic analyst, indicated that letters allegedly used to facilitate the release of the $6.23 million were forged.
According to the prosecution, the funds were withdrawn from the CBN between February and June, before Emefiele’s removal from office, purportedly on the strength of letters attributed to former President Muhammadu Buhari and Mustapha.
The EFCC also relied on testimony from a prosecution witness identified as PW15, who reportedly told the court that an automatic system notification was triggered when the relevant account went into debit.
Oyedepo argued that Emefiele allegedly failed to act after the notification, raising questions of criminal negligence and breach of trust in view of his position and control over the funds.
The prosecution further alleged that the money was released to an individual on Emefiele’s instructions, with part of the funds allegedly used to renovate one of his properties. The remaining amount was reportedly recovered from the individual.
These allegations have yet to be established as proven offences in the ongoing proceedings.
EFCC Alleges Irregularities in CBN Contract Awards
The commission also defended its case concerning contracts allegedly awarded to companies associated with Emefiele’s wife, brother-in-law and other associates.
Oyedepo referred to exhibits bearing Emefiele’s approval signatures and corporate records which, according to the prosecution, linked him to companies including Architekon Nigeria Limited.
The prosecutor argued that the contracts, reportedly valued between $6 million and $10 million, did not pass through the CBN’s Major Contracts Tender Board, which he said was responsible for reviewing contracts exceeding $1 million before recommendations were forwarded to the governor for approval.
He maintained that the board was also expected to scrutinise bidding companies and determine whether CBN employees held directorship positions in firms seeking contracts.
According to the EFCC, bypassing the board prevented the necessary checks and scrutiny required under the procurement process.
The prosecution also cited testimony from a procurement department staff member, identified as PW10, who allegedly stated that at least three companies submitted bids for each contract.
Oyedepo claimed that officials were instructed to process the bids in favour of a company linked to Emefiele’s associates. He further alleged that the company had access to the CBN’s in-house prices and subsequently submitted bids matching those figures.
The prosecutor argued that the alleged irregularities in the procurement process were central to the charges, regardless of whether the contracts were eventually executed or whether the funds could be traced directly to Emefiele.
Emefiele’s Lawyer Seeks Discharge
Opposing the EFCC’s application, Emefiele’s counsel, Mathew Burkaa (SAN), urged the court to discharge his client, arguing that the prosecution had failed to establish the essential ingredients of the alleged offences.
In response, Oyedepo maintained that a no-case submission was intended to determine whether the prosecution had presented sufficient evidence to require the defendant to enter his defence, rather than determine guilt or assess the credibility of witnesses at that stage.
He argued that directing Emefiele to defend himself would not amount to compelling him to prove his innocence but would give him an opportunity to respond to the evidence presented.
The prosecution also urged the court to distinguish legal authorities cited by the defence, arguing that the cases concerned different legal issues from the alleged abuse of office and conferment of corrupt advantages in the present trial.
Court to Communicate Ruling Date
After hearing arguments from both parties, the court stated that the date for ruling on Emefiele’s no-case submission would be communicated to the parties.
The forthcoming ruling will determine whether the former CBN governor must enter his defence or whether the court will discharge him at this stage of the proceedings.
Emefiele has denied the allegations through his defence, which maintains that the prosecution has not established a case requiring him to respond.
The allegations remain subject to determination by the court.
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