EFCC Urges Court To Dismiss Emefiele’s No-Case Submission In Alleged $6.23m Fraud Trial

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, arguing that the prosecution has presented sufficient evidence to require him to enter his defence in an alleged $6.23 million fraud case.

Prosecution counsel, Rotimi Oyedepo, a Senior Advocate of Nigeria (SAN), made the submission on Tuesday before Justice Hamza Mu’azu, insisting that the evidence presented by the commission established a prima facie case against the former CBN governor.

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.

Oyedepo, who is the Director of Public Prosecution of the Federation, argued that a no-case submission is intended to determine whether the prosecution has presented sufficient evidence to warrant the defendant entering his defence, rather than to establish guilt or assess the credibility of witnesses at that stage.

He said requiring Emefiele to defend himself would not amount to compelling him to prove his innocence but would give him an opportunity to respond to the allegations supported by the prosecution’s evidence.

EFCC Cites Alleged Irregularities In CBN Contracts

Addressing the contract-related charges, Oyedepo identified the alleged offences as involving Emefiele’s position as a public officer, the use of that position and the conferment of corrupt advantages on associates or relatives.

He told the court that exhibits bearing Emefiele’s approval signatures, alongside corporate records, linked the former CBN governor to companies allegedly associated with his wife and brother-in-law, including Architekon Nigeria Limited.

The prosecution also argued that the evidence raised questions about contracts allegedly awarded to companies associated with Emefiele’s associates, including a company linked to Sa’adatu Ramalan Yaro.

According to Oyedepo, contracts valued between $6 million and $10 million were awarded without passing through the CBN’s Major Contracts Tender Board, which he said was established under the Public Procurement Act, 2007.

He explained that the board, chaired by a CBN deputy governor, was responsible for reviewing contracts exceeding $1 million before recommendations were forwarded to the governor for approval.

The board was also expected to check whether CBN employees were directors of companies bidding for contracts, he said.

Oyedepo argued that bypassing the board prevented the required scrutiny and checks, suggesting that the procurement process had been deliberately circumvented.

Citing the testimony of a procurement department staff member, identified as prosecution witness 10 (PW10), he told the court that at least three companies submitted bids for each contract but officials were allegedly instructed to process the bids in favour of a company linked to Emefiele’s associates.

The prosecution further alleged that the company was given information about the CBN’s internal prices and subsequently submitted bids matching those figures, thereby denying other prospective bidders a fair opportunity.

“The ingredient of the offence is the unfairness of the process,” Oyedepo told the court.

He argued that the defence’s position that the contracts had been executed, or that money had not been traced directly to Emefiele, did not defeat the prosecution’s case because the alleged unfairness in the award process was central to the charges.

The prosecution also claimed that the company had existed for years without securing contracts of the kind under investigation until Emefiele became CBN governor, after which it allegedly received all 45 contracts being considered in the case.

Oyedepo further relied on evidence of transfers from Emefiele’s personal account to the company’s account, arguing that the transactions demonstrated his knowledge of the company and its directors.

He maintained that approval of a contract was distinct from a recommendation by officials and argued that Emefiele should have referred the contracts back to the board instead of approving them.

“The recommendation would never be an approval,” he said.

The prosecution also urged the court to distinguish a judicial authority cited by the defence, arguing that the case relied upon concerned money laundering and proof of a predicate offence, whereas the charges against Emefiele centred on the alleged conferment of corrupt advantage through an unfair procurement process.

EFCC Alleges Forged Letters Were Used To Withdraw $6.23m

On the alleged $6.23 million withdrawal, Oyedepo told the court that the money was taken from the CBN between February and around June, before Emefiele’s removal from office.

He said the withdrawal was purportedly facilitated by letters attributed to former President Muhammadu Buhari and former Secretary to the Government of the Federation, Boss Mustapha.

According to the prosecution, testimony from witnesses, including Mustapha and a forensic analyst, indicated that the letters used to facilitate the release of the funds were forged.

Oyedepo also cited the testimony of prosecution witness 15 (PW15), who reportedly told the court that an automatic system notification was triggered for Emefiele after the relevant account went into debit.

The prosecution alleged that the former CBN governor took no action despite the notification, arguing that the evidence raised questions of criminal negligence and breach of trust, given his alleged control over the funds.

Oyedepo further cited testimony that the money was released to an individual on Emefiele’s instructions and that part of it was allegedly used to renovate one of the former governor’s properties, while the balance was recovered from the individual.

Responding to the defence’s argument that the prosecution’s case was speculative, Oyedepo said the evidence should be assessed in its entirety.

“There is a difference between speculation and inferences drawn from legally admissible evidence,” he said.

He argued that where a forged document was used to facilitate a fraudulent transaction and the resulting benefit was traceable to a defendant, the circumstances could support an inference that the defendant forged the document or procured its forgery.

On the defence’s argument that the prosecution had not presented a forensic examination of Emefiele’s signature, Oyedepo maintained that the absence of such an examination did not automatically defeat the forgery allegation, adding that the court could compare disputed signatures in accordance with the law.

He also drew the court’s attention to a Supreme Court decision involving approximately $2 million and certain properties, urging the judge to consider the decision in the context of the prosecution’s case.

Emefiele Asks Court To Discharge Him

Emefiele’s defence counsel, Mathew Burkaa, SAN, had urged the court to discharge the former CBN governor, arguing that the prosecution failed to establish the essential ingredients of the alleged offences.

Burkaa maintained that the evidence did not establish that Emefiele had conferred undue advantage on his wife or associates.

“My lord, in the entirety of the charge, the prosecution failed to prove that he had conferred undue advantage on his wife and his associates,” the defence counsel said.

The EFCC, however, insisted that the evidence presented during the trial was sufficient to require Emefiele to enter his defence.

The court said the date for its ruling on the no-case submission would be communicated to the parties.

A no-case submission is an application by a defendant asking the court to end a trial without requiring the defence to present evidence, on the grounds that the prosecution has not established a case requiring an answer. The court’s decision on the application will determine whether Emefiele is required to enter his defence on the charges. (SaharaReporters)