Emefiele and EFCC Clash Over Evidence in $6.23 Million Fraud Case

The FCT High Court in Maitama, Abuja, on Tuesday, put off its ruling on a no-case submission by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele. He wants the court to dismiss the $6.23 million fraud charges against him during the trial.

Mr Emefiele made the no-case submission after the Economic and Financial Crimes Commission (EFCC) ended its case in July. He argued that the proof from the prosecution was too weak for him to defend himself.

During Tuesday’s hearing, his lawyer, Matthew Burkaa, a Senior Advocate of Nigeria (SAN), argued that Emefiele had no case to answer. He urged the court to throw out the charges against his client.

On the other hand, the prosecution, led by Rotimi Oyedepo, a SAN and director of public prosecutions, disagreed. He insisted that Mr Emefiele has a case to answer. Oyedepo said the evidence presented linked Emefiele to the charges.

After hearing the arguments from both sides, trial judge Hamza Muazu stated that he would inform the parties about the ruling date through their lawyers.

Mr Emefiele is facing 20 charges that include the alleged $6.23 million fraud, criminal breach of trust, forgery, obtaining by false pretence, conspiracy to commit forgery, contract corruption, and conspiracy to commit a felony.

The former CBN governor is accused of approving a cash payout of $6.23 million from the CBN vault in Abuja, supposedly for election observers during the 2023 general elections.

The EFCC claims that the payment relied on a forged letter from the Secretary to the Government of the Federation dated 26 January 2023. This letter allegedly contained then-President Muhammadu Buhari’s approval for the fund release.

The EFCC first charged Mr Emefiele on 14 counts on 17 November 2023. The charges were later amended, and he was re-arraigned on 19 January 2024 on 20 counts. He pleaded not guilty to all the charges each time.

This case is part of several prosecutions Mr Emefiele is facing related to his actions while in office.

After he pleaded not guilty, the prosecution began its case on 12 February 2024. They called Ogau Michael, a former CBN branch controller, as their first witness.

From then until 3 July, the prosecution called 15 witnesses and submitted many documents. This included the alleged forged letter from the SGF’s office that facilitated the $6.23 million payout.

The witnesses included Jim Obazee, a former Executive Officer of the Financial Reporting Council of Nigeria. His investigations, ordered by President Bola Tinubu, revealed many corruption issues related to Mr Emefiele’s time at the CBN.

The EFCC closed its case with Mr Obazee’s testimony on 3 July.

Instead of defending himself, Mr Emefiele chose to file a no-case submission. He argued that no solid evidence was presented to show he had any case to answer regarding the 20 counts.

Mr Emefiele’s lawyer, Mr Burkaa, stated that the 14 charges from the EFCC focused on giving undue advantage to his close associates.

The contracts included those allegedly awarded to a company called Architekon, which had his wife and in-law as directors. The EFCC also claimed that the company April 1616 was linked to Sa’adatu Yero, a close associate of Mr Emefiele.

Mr Burkaa argued that none of the witnesses proved Mr Emefiele benefited from the contracts or that he influenced the Tender Board Committee (TBC) to award the contracts.

He said, “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).”

He added that the prosecution focused on Mr Emefiele’s approval of the contracts, which is not a valid complaint.

Mr Burkaa pointed out, “In black and white, those companies were awarded the contracts because they bid less than others.”

He mentioned that the companies did their due diligence to win the contracts.

“The unfairness would have been that they collected money and did not complete the work.”

He also noted that the EFCC added counts 15 to 20 during the trial. These counts were about forged documents used for withdrawing the $6.23 million from the CBN vault.

Mr Burkaa highlighted that the then-SGF, Boss Mustapha, testified that his signature and that of former President Buhari were forged on the documents.

Mr Emefiele also claimed during EFCC’s questioning that his signature was forged.

Mr Burkaa reiterated Mr Obazee’s testimony from 3 July. He questioned why Mr Mustapha and the late Buhari were not on trial.

He also noted that EFCC should have tested Mr Emefiele’s signature for forgery.

He said, “The conclusion we got is that the man told them the truth and they believed it was false.”

He mentioned that Mr Emefiele’s long time in custody should have given EFCC a chance to test his signature.

Mr Burkaa argued that EFCC assumed Mr Emefiele should know what Eric Ocheme, his personal assistant, was doing while he is at large.

On this basis, he urged the judge to accept the no-case submission.

In response, Mr Oyedepo stated that Mr Burkaa’s application shows that a “no-case submission has become a ritual that must be performed in any criminal case.”

He was surprised that Mr Burkaa would apply for a no-case submission after 15 witnesses and many documents were presented.

Mr Oyedepo pointed out that Mr Emefiele, as a public officer, used his position to give contracts to his relatives and associates.

He said, “It will be laughable to suggest there is no advantage conferred to Sa’adatu Yero, his close associate.”

The contracts from counts 1 to 14 did not go through the tenders board, avoiding the required scrutiny for contracts over N10 million.

“The committee was bypassed for reviewing the contract,” Mr Oyedepo stated.

“Is that an honest mistake of the defendant?” he asked.

He mentioned that testimony from Stephen Gana showed there was an instruction for April 1616 to be favored, which amounts to giving unfair advantage to the company.

“That is not an honest mistake; that is an unfair advantage,” he stressed.

Mr Oyedepo added that Architekon had not won any contract since its incorporation until Mr Emefiele became CBN governor.

He said the public should be concerned about the $6.23 million withdrawn from CBN under Mr Emefiele’s leadership because it is a breach of trust.

He noted that Mr Burkaa’s claim that Mr Emefiele was not aware of the withdrawal was not supported by evidence.

“The evidence before the court does not support that position,” he stated.

He said Mr Emefiele had a duty to be aware of the withdrawal as CBN Governor.

He referred to Mr Obazee’s testimony, which mentioned that Mr Emefiele should have noticed the theft.

Mr Oyedepo also pointed out that a lawyer for Mr Emefiele, Collins Omeife, was found with cash. An EFCC investigator, David Jaiyeoba, testified that Mr Omeife admitted during questioning that the $2 million found with him belonged to Mr Emefiele.

Mr Oyedepo insisted that Mr Emefiele needed to address these issues.

Mr Burkaa disputed the claim that April 1616 was guided and asked the court to check the records of the proceedings.

Mr Oyedepo also brought up the Supreme Court's decision concerning the forfeiture of Mr Emefiele’s property. Mr Burkaa opposed this, saying the document was not relevant to the case.

The judge ruled that Mr Oyedepo could refer to the decision in his address instead of submitting it as a document.

After hearing both sides, the judge postponed his ruling on the no-case submission.