$6.23m Fraud Trial: Emefiele seeks to shut EFCC’s case over witness delay

The immediate past Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on Monday asked a High Court of the Federal Capital Territory (FCT), Abuja, to foreclose the prosecution if it fails to produce its remaining two witnesses at the next sitting.

Emefiele made the application before Justice Hamza Muazu, who is presiding over his trial on an amended 20-count charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, and obtaining $6.23 million by false pretence.

The charges, filed by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government, centre on funds allegedly earmarked for international election observers during the 2023 general election.

The anti-graft agency further accused the former CBN governor of conferring corrupt advantages on two firms April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

Emefiele has pleaded not guilty.
At Monday’s proceedings, prosecuting counsel, Rotimi Oyedepo (SAN), informed the court that the prosecution might be unable to present its remaining witnesses due to delays in obtaining subpoenas.

In response, defence counsel, Matthew Burkaa (SAN), urged the court to terminate the prosecution’s case if the witnesses are not produced at the adjourned date.

“If the witnesses do not appear tomorrow, we urge the court to foreclose the prosecution. Justice must be balanced.

The prosecution’s conduct is causing undue hardship to the defendant,” Burkaa argued, alleging a pattern of delay.

Oyedepo, however, opposed the application, insisting the prosecution was not attempting to stall proceedings but was taking necessary steps to secure the attendance of witnesses located in Lagos and Benin City.

Earlier, the prosecution presented its 13th witness (PW13), Assistant Commander of the EFCC, Chinedu Eneanya, who testified that a special investigative team probed allegations involving the disputed $6.23 million.

Eneanya told the court that the funds were withdrawn from CBN coffers under the guise of funding foreign election observers. He added that the former Secretary to the Government of the Federation (SGF), Boss Mustapha, denied any knowledge of the request.

According to the witness, forensic analysis revealed that signatures purportedly belonging to former President Muhammadu Buhari and Mustapha on related documents were forged.

Under cross-examination, Eneanya admitted that no forensic analysis was conducted on Emefiele’s own signature, despite the defendant’s claim that it was also forged.

He further disclosed that five CBN officials linked to the transaction were only administratively sanctioned and not prosecuted, and that he had no direct interaction with Emefiele during the investigation.

The witness also said an allegation that Emefiele received funds through his lawyer was not independently verified by investigators.

The defence challenged the credibility of the witness, accusing him of evasiveness and urging the court to treat his testimony with caution.

Justice Muazu subsequently adjourned the matter to Tuesday for continuation of trial and directed the prosecution to immediately obtain the required subpoenas.