Godwim Emefiele in white.
A Federal Capital Territory (FCT) high court in Abuja Tuesday reserved ruling on a no-case submission filed by Godwin Emefiele, former Governor of the Central Bank of Nigeria (CBN), over his trial in the alleged fraudulent withdrawal of $6.23 million from the apex bank.
Hamza Muazu, the presiding judge, reserved the ruling after Matthew Burkaa, Emefiele’s counsel, and Rotimi Oyedepo, counsel for the prosecution, adopted their written addresses on whether the former CBN governor should be called upon to enter his defence.
Burkaa asked the court to uphold the application, arguing that the Economic and Financial Crimes Commission (EFCC) had failed to establish the essential elements of the offences against Emefiele.
He said the prosecution’s evidence on the first 14 counts centred on allegations that Emefiele used his position to confer unfair advantage on companies linked to his associates, including his wife and brother-in-law, but failed to establish that he personally manipulated the contract award process.
Said he: “None of the witnesses presented by the anti-graft agency said my client benefited or manipulated the tenders board committee so that those two companies get the contract.
“No such evidence was identified”.
Burkaa argued that the prosecution had not shown that Emefiele directed the CBN tenders board committee to favour the companies.
He added that the evidence showed the firms had executed the work for which they were contracted.
Added he: “The only thing the prosecution was able to show was that the man at the head of the establishment issued approvals”.
“There is nothing to show that he manipulated the committee. There is nothing to show that he told the committee (tenders board committee of the CBN) what to do”.
On the allegation involving the withdrawal of $6.23 million, the defence counsel said Boss Mustapha, former Secretary to the Government of the Federation (SGF), had testified that his signature and that of the late President Muhammadu Buhari were forged.
He added that Emefiele had also told investigators that his signature was forged, arguing that the late former President and Mustapha should also have been investigated.
Oyedepo, however, prayed the court to dismiss the no-case submission, arguing that the prosecution had presented sufficient evidence to require Emefiele to enter his defence.
The prosecutor alleged that Emefiele used his office to confer unfair advantage on Architekon Nigeria Ltd, a company whose directors included his wife and brother-in-law.
Said Oyedepo: “The committee was circumvented into reviewing the contract. This is the testimony of PW3″.
He also alleged that April 1616 Nigeria Ltd was guided to quote an in-house price, denying other Nigerian contractors a fair opportunity to compete for the contracts.
Held he: “That is not an honest mistake, that is an unfair advantage in the process”.
Emefiele is facing an amended 20-count charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence.
The EFCC alleged that he fraudulently obtained $6.23 million purportedly meant for international election observers during the 2023 general election.
He is also accused of conferring corrupt advantage on April 1616 Nigeria Ltd and Architekon Nigeria Ltd, two companies owned by family relatives.
The former CBN governor has pleaded not guilty to the charges.
The judge said the date for the ruling would be communicated to the parties.
