The FCT High Court in Maitama, Abuja, on Tuesday, adjourned for a ruling on a no-case submission filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele in search of the dismissal of his $6.23 million fraud expenses halfway into trial.
Mr Emefiele filed the no-case submission after the Economic and Financial Crimes Commission (EFCC) closed its case in July, sustaining that the prosecution’s evidence was too weak to warrant him getting into a defence.
At Tuesday’s listening to, his lawyer, Matthew Burkaa, a Senior Advocate of Nigeria (SAN), stated his shopper had no case to reply and urged the court docket to dismiss the fees.
But the prosecution led by Rotimi Oyedepo, a SAN and director of public prosecutions of the federation, opposed the submission, insisting that Mr Emefiele has a case to reply as its evidence linked him to the fees.
After listening to arguments for and in opposition to the submission from the defence and the prosecution, trial decide Hamza Muazu stated the date of ruling can be communicated to the events by their legal professionals.
Mr Emefiele is dealing with 20 counts together with the alleged $6.23 million fraud, legal breach of belief, forgery, acquiring by false pretence, conspiracy to commit forgery, contract corruption, and conspiracy to commit a felony.
The former CBN governor allegedly authorized the payout of $6.23 million in money from CBN vault in Abuja purportedly for election observers for the 2023 basic elections.
EFCC alleged that the fee relied on a cast Secretary to the Government of the Federation letter dated 26 January, 2023 purportedly conveying then-President Muhammadu Buhari’s approval for the discharge of the funds.
EFCC first arraigned Mr Emefiele on 14 counts on 17 November 2023. It later amended the fees and re-arraigned the previous CBN governor on 19 January 2024 on 20 amended counts. He pleaded not responsible to all expenses on each events.
The case is one in a sequence of prosecutions Mr Emefiele is dealing with relating to his actions in workplace.
Following his not responsible plea, the prosecution opened its case on 12 February 2024 by calling Ogau Michael, a former CBN department controller, as its first prosecution witness.
Between then and three July this yr, the prosecution referred to as 15 witnesses and tendered a number of documentary displays, together with the copy of the allegedly cast letter attributed to the SGF workplace used in facilitating the $6.23 million payout.
The prosecution witnesses included former Executive Officer, Financial Reporting Council of Nigeria, Jim Obazee, whose particular investigations commissioned by President Bola Tinubu into Mr Emefiele’s time on the CBN, unearthed a tangle of corruption scandals.
EFCC closed its case with Mr Obazee’s testimony on 3 July.
Instead of opening his defence, Mr Emefiele opted to file a no-case submission, arguing that no credible evidence was led to point out he had any case to reply relating to any of the 20 counts.
No-case argument
Mr Emefiele’s lawyer, Mr Burkaa, argued that each one 14 counts introduced by the EFCC centred strictly on the alleged conferment of undue benefit by Mr Emefiele on his shut associates.
The contracts included CBN contracts allegedly awarded to an organization (Architekon) in which his spouse and in-law had been listed as administrators, and April 1616 whom EFCC alleged was linked to Sa’adatu Yero, additionally Mr Emefiele’s shut affiliate.
Mr Burkaa argued that not one of the witnesses stated Mr Emefiele benefited from the contracts or manipulated the Tender Board Committee (TBC) to award the contracts to the businesses.
“The only thing the prosecution was able to show was that the man was the head of the bank who issued approvals. There was nothing to show that he manipulated the committee (TBC),” the senior lawyer stated.
He stated the EFCC hammered on Mr Emefiele’s approval of the contracts, which isn’t a grievance.
Arguing additional, Mr Burkaa stated, the prosecution witnesses acknowledged, “In black and white, those companies were given the contracts because they bid less than other companies.”
He stated the businesses did their due diligence to win the contract.
“So, the corruption would have been that they collected cash, and they didn’t do the work.
“The unfairness would have been that he manipulated the process to get them to have the contract,” Mr Burkaa argued.
He additionally famous that the prosecution speculated that the businesses had been guided, “yet they couldn’t show who and in what way they were guided.”
Alleged forgery of paperwork and signatures
He famous that the EFCC added counts 15 to twenty in the center of trial. These counts centred on cast paperwork for the withdrawal of $6.23 million from CBN’s vault.
Mr Burkaa famous that then-Secretary to the Government of the Federation (SGF), Boss Mustapha, testified that each his signature and former President Muhammadu Buhari’s had been cast on the paperwork.
Also, the lawyer famous, Mr Emefiele additionally stated throughout EFCC’s interrogation that his signature was cast.
Mr Burkaa re-echoed Mr Obazee’s testimony on 3 July, questioning why Mr Mustapha and the late Mr Buhari weren’t below trial.
Why was Mr Emefiele’s signature not forensically examined?
Mr Burkaa additionally questioned EFCC’s failure to forensically take a look at Mr Emefiele’s signature.
“The conclusion we got is that the man told them the truth and they believed it was false. That is the only logical conclusion we got,” he stated.
He additionally referred to each Mr Okpoziakpo’s testimony right here, saying Mr Emefiele’s signature ought to have been examined.
Mr Burkaa famous that Mr Emefiele’s extended keep in custody ought to have been EFCC’s alternative to check his signature.
Also, Mr Burkaa maintained that EFCC labored on the presumption that as a result of Eric Ocheme (who’s at massive), Mr Emefiele’s private assistant, the defendant needs to be aware about his enterprise.
On this foundation, he urged the trial decide to uphold a no-case submission.
Prosecution objects
In his arguments, Mr Oyedepo stated Mr Burkaa’s utility reveals {that a} “no-case submission has become a ritual that must be performed in any criminal case.”
He famous that he was baffled that, with 15 witnesses and quite a few paperwork tendered, Mr Burkaa would apply for a no-case submission.
Presenting his arguments, Mr Oyedepo famous that Mr Emefiele, a public officer, used his place to award contracts to his kin and associates.
“It will be laughable for my learned brother of the silk that there is no advantage conferred to Sa’adatu Yero, his close associate,” linked to April 1616.
The contracts in counts 1 to 14 didn’t undergo the tenders board, bypassing the board’s scrutiny required for all contracts price greater than N10 million. “The committee was circumvented for reviewing the contract,” Mr Oyedepo argued.
“Is that an honest mistake of the defendant?” he requested.
He acknowledged that the testimony of Stephen Gana confirmed that there was an instruction for April 1616 to be favoured. This, “at its best,” quantities to conferment of unfair benefit on the corporate, Mr Oyedepo vehemently argued.
He added that April 1616 was guided to cite the in-house value, depriving the opposite Nigerian contractors of a good likelihood, he harassed.
“That is not an honest mistake; that is an unfair advantage in the process,” the prosecution maintained.
“My brother dissipated, a stream of energy, to show that the contract was executed and money was not traced to the defendant,” Mr Oyedepo stated, including that such will not be the ingredient of the case, he famous.
Mr Oyedepo stated Architekon by no means gained any contract since its incorporation till Mr Emefiele turned CBN governor.
‘$6.23 million withdrawal is criminal breach of trust’
He stated the general public needs to be bothered concerning the $6.23 million withdrawn from CBN below Mr Emefiele’s management, as a result of it’s a breach of belief.
He famous that Mr Burkaa’s submission that Mr Emefiele was not conscious of the withdrawal between 8 February 2023 and someday in June 2023 when he was faraway from workplace was not backed by evidence.
READ ALSO: CBN below Emefiele withdrew N124.86bn from consolidated income account with out approvals – Official
“The evidence before the court does not support that position,” Mr Oyedepo stated.
He stated Mr Emefiele had an obligation to know concerning the withdrawal as CBN Governor, he argued.
He referred to Mr Obazee’s testimony, who famous that Mr Emefiele ought to have detected the theft.
He added {that a} lawyer to Mr Emefiele, Collins Omeife, was discovered with {dollars} and
An investigator with EFCC, David Jaiyeoba, testified because the twelfth prosecution witness that Mr Omeife confessed throughout interrogations that the $2 million discovered with him belonged to Mr Emefiele.
Mr Oyedepo stated Mr Emefiele wanted to reply these points.
Mr Burkaa disputed the prosecution’s assertion that April 1616 was guided and urged the court docket to verify the report of the proceedings to substantiate what was in evidence.
Mr Oyedepo additionally offered the court docket with the choice of the Supreme Court in regards to the forfeitures of Mr Emefiele’s property. Mr Burkaa opposed this, noting the irrelevance of the doc to the case.
The Judge dominated that Mr Oyedepo may discuss with the choice in his deal with as a substitute of tendering it as a doc.
After listening to their arguments, the decide reserved his ruling on the no-case submission.
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