Alex Enumah in Abuja
The trial of former Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, commenced yesterday, with the calling of three witnesses by the Economic and Financial Crimes Commission (EFCC).
Emefiele, standing trial on a six-count charge bordering on alleged abuse of office, was arraigned on November 17 by EFCC. He was specifically charged with conferring corrupt advantage, an offence contrary to Section 19 of the Corrupt Practices and Other Related Offences Act.
Although, he pleaded not guilty to the charges and was admitted to bail in the sum of N300 million last week.
Emefiele was brought to face trial by personnel of the Nigeria Correctional Service. One of his lawyers said the former CBN boss was yet to perfect his bail conditions.
At yesterday’s proceedings, EFCC’s lawyer, Mr. Rotimi Oyedepo, informed the court of three witnesses listed to prove its case against the defendant.
First on the Prosecution Witness (PW) list was an official of the Corporate Affairs Commission (CAC), Shamsudeem Abulili.
The witness, led in evidence by Oyedepo, told the court that a company, April 1616 Investment Limited, said to be involved in the alleged procurement fraud was incorporated as a company limited by shares on August 1, 2016.
Abulili listed directors of the company to include Aminu Idris Yaro; Maryam Aliyu Abdullah; and Sa’adatu Ramalan Yaro, who appeared as the Company Secretary on its registration document.
However, under cross examination by Emefiele’s lawyer, Mathew Burkaa, the witness admitted that Emefiele was not listed as either a director or shareholder of the company.
Responding to further questions, the witness stated that while the CAC was responsible for incorporation of the company, it did not play any role in the day to day running of affairs of the company.
The second witness called by EFCC, a Compliance Officer with Zenith Bank Plc, Mr. Remigious Ugwu, while giving evidence on the firm’s transactions with the bank, disclosed an inflow of N39, 060,465.11 from the CBN to the company’s account on October 19, 2020.
According to Ugwu, another inflow of N121, 953, 488.34 came into the account on November 6, 2020, while the sum of N304, 883,720.85 was paid on November 23, 2020 to the same company by CBN.
Ugwu said on January 22, 2021, an inflow of N304, 883, 720.85 from CBN was made to April 1616, while another N304, 883, 720.85 was paid to the company on March 23, 2021 by CBN.
But under cross examination, the second witness admitted that Emefiele’s name was not on the company’s account mandate.
Besides, Ugwu admitted that Emefiele was not a signatory to the account.
When asked if he knew what the payments made by CBN were for, his response was, “I did not know the purposes of those payments by CBN.”
The third witness, a Deputy Director, Banking Services with CBN and former Secretary to Major Contract Tendering Committee (MCTC) of the CBN, Oluwole Owoeye, told the court that MCTC had nine members, who were directors.
Owoeye stated that the committee was headed by a CBN Deputy Governor, who was responsible for ensuring compliance with the Procurement Act by the CBN in the award of contracts.
When presented some tendered documents marked F1-F45, the third prosecution witness claimed that the contracts contained therein exceeded the threshold his committee could handle.
Owoeye further claimed that there was no evidence that the contracts came to his committee for evaluation, and added that the documents were handled by the procurement services division and were never referred to the MCTC.
Under cross examination, the third prosecution witness admitted that Emefiele was neither a member of the MCTC nor headed the committee. He said the defendant was also not a member of the procurement services division of CBN.
Owoeye further responded that he could not say what steps were taken by the procurement services division in respect of the contracts awarded to April 1616 Investment Limited.
The witness stated that it was not out of place for the apex bank to pay a contractor that carried out a contract for CBN.
“It is not out of place for the bank (CBN) to pay a contractor who has carried out the contract given to him,” he said.
The witness informed the court that both the MCTC and the procurement department of CBN were functional when Emefiele served as Governor of CBN.
Under further questioning, while the witness confirmed that the April 1616 contract was one of the contracts awarded by CBN, he could not confirm whether the company was paid by the bank or not.
At the end of the cross examination of the third prosecution witness, trial judge, Justice Muazu, adjourned to January 18 and 19, 2024 for continuation of trial.
Emefiele was alleged, in the case marked CR/577/2023, to have used his position as CBN governor to award six different contracts for the supply of different vehicles to one Sa’adatu Ramalan Yaro, a member of staff of CBN between 2018 and 2022, to the tune of N1, 210,600,000.
The procurement contracts were said to have been awarded to April 1616 Investment Limited, in which the said Sa’adatu Ramalan Yaro was a director.
The court had on November 22 admitted the former CBN boss to a N300 million bail with two sureties in like sum, each of whom must possess landed property worth N300 million in Abuja with Certificate of Occupancy (C of O).
The court had ordered the sureties to deposit the original C of O of the property to the court, while Emefiele must also deposit all his travel documents with the court.
Emefiele was ordered to remain in custody at the Kuje Correctional Centre, pending when he would perfect his bail conditions.
