The Federal Capital Territory High Court on Tuesday reserved ruling on a no-case submission filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele, who is facing alleged procurement fraud charges.
Justice Hamza Muazu reserved ruling after the parties adopted their written addresses on Emefiele’s application, which argued that the prosecution had failed to establish a case requiring him to enter a defence.
Emefiele’s counsel, Matthew Burkaa, a Senior Advocate of Nigeria (SAN), urged the court to uphold the application, arguing that the prosecution had failed to prove the ingredients of the alleged offences.
He said the Economic and Financial Crimes Commission (EFCC) had failed to establish that Emefiele manipulated the tender process or personally benefited from contracts allegedly awarded to companies linked to his associates.
“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,” he said.
Burkaa argued that the evidence showed only that Emefiele, as head of the CBN, approved transactions, adding that there was no evidence he directed the bank’s Tenders Board Committee on what decisions to make.
He also said the evidence showed that April 1616 Nigeria Ltd and Architekon Nigeria Ltd carried out the work for which they were contracted.
Burkaa further submitted that former Secretary to the Government of the Federation, Boss Mustapha, had testified that his signature and that of the late President Muhammadu Buhari were forged. He added that Emefiele had also told EFCC investigators that his signature was forged.
However, prosecution counsel Rotimi Oyedepo, also a SAN, urged the court to dismiss the no-case submission and order Emefiele to enter his defence.
Oyedepo argued that Emefiele had used his position as a public officer to confer an unfair advantage on Architekon Nigeria Ltd, whose directors allegedly included his wife and brother-in-law.
He said the contracts listed in counts one to 14 did not pass through the Tenders Board Committee, despite a requirement that contracts above N10 million be scrutinised by the board.
“The committee was circumvented in reviewing the contract. This is the testimony of PW3,” he said.
Oyedepo also alleged that April 1616 Nigeria Ltd was guided to quote an in-house price, thereby denying other Nigerian contractors a fair opportunity to compete for the contracts.
“That is not an honest mistake, that is an unfair advantage in the process,” he said.
The prosecutor also raised concerns over the withdrawal of $6.23 million from the CBN during Emefiele’s tenure, describing it as a breach of trust.
He urged the court to require Emefiele to enter his defence, arguing that the prosecution had presented sufficient evidence for him to answer the allegations.
Justice Muazu said the date for the ruling would be communicated to the parties.
Emefiele is facing charges including criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining $6.23 million by false pretence while serving as CBN governor.
He is also accused of conferring corrupt advantages on April 1616 Nigeria Ltd and Architekon Nigeria Ltd. He has pleaded not guilty to the charges.
