Alleged Procurement Fraud: Court Grants Emefiele’s Request, Restrains EFCC from Calling Additional Witnesses 

Alex Enumah in Abuja 

A High Court of the Federal Capital Territory (FCT), Abuja, has restrained the Economic and Financial Crimes Commission (EFCC) from calling additional witnesses in the alleged procurement fraud suit against former governor of Central Bank of Nigeria (CBN), Godwin Emefiele.

In a ruling on Thursday, Justice Hamza Muazu agreed with Emefiele that it would be prejudicial to allow the anti-graft agency continue to list witnesses and file additional proof of evidence after over a year when trial commenced.

The commission had in 2023, arraigned Emefiele on a 20-count amended charge, bordering on alleged criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

In proving the allegation, EFCC’s lawyer, Mr. Rotimi Oyedepo, SAN, after calling 10 witnesses had earlier brought an application seeking to file additional proof of evidence as well as calling two new witnesses, Tommy Odama John and Ifeanyi Omeke, whose extra judicial statements were made in August 2024, in respect of the charge against Emefiele.

But Emefiele, through his counsel, Mr. Matthew Burkaa, SAN, brought an application before the court seeking to prohibit EFCC from calling additional witnesses after the 10 witnesses listed on the proof of evidence have already testified. 

Arguing the motion on February 3, Burkaa pointed out that the anti-graft agency had tendered all necessary documents relating to the alleged procurement fraud charge against his client, adding that permitting them to go for additional witnesses will be overreaching the court. 

But Oyedepo vehemently opposed the motion on the grounds that the right of the EFCC to fair hearing will be violently breached. 

He therefore pleaded with the court to reject the application in the interest of justice.

After listening to submissions of counsel, the judge adjourned till March 20 for ruling on Emefiele’s application. 

Delivering ruling on Thursday, Justice Muazu observed that the anti-graft agency had on February 12, 2024, first filed additional proof of evidence against the former CBN governor to accommodate the evidence of a former Secretary to the Government of the Federation (SGF) Mr. Boss Mustapha and one Bamayi Haruna Mairiga.

The judge who state, who said the charge against Emefiele was filed since August 14, 2023 and his plea taking on November 16, 2023, said that the action of the EFCC had a resemblance of denial of fair trial because the former governor of CBN was not confronted with the new evidence during investigation as required by law.

Justice Muazu, agreed with Burkaa that the action of EFCC amounted to trial by ambush and a clear case of fishing for evidence in the trial that commenced since November 28, 2023.

In the ruling, the judge also agreed that allowing the additional proof of evidence after the charge had been amended severally was prejudicial to the defendant, as his right to fair hearing was being breached. 

Muaza held that the position of the law was that a charge was filed upon the completion of investigation and prima facie case established against any defendant in a criminal matter, adding that in the instant case, the contrary is the case.

The judge however, declined to strike out the charge for being a product of incomplete or ongoing investigation and. therefore speculative as claimed by Emefiele.

Muaza said the charge could not be struck down because both the defendant and the prosecution had joined issues with each other and trial almost completed, adding that having gone so far, justice would be served if the trial was completed on its merit and final judgement delivered in the matter.

He also declined to expunge the evidence of Boss Mustapha and Bamayi HarunaMairiga from the court records as requested by Emefiele that the evidence of the two witnesses offended Section 36 (2) of the 1999 Constitution on fair hearing.

Emefiele had in the motion argued by his lawyer complained that the evidence of Mustapha and Mairiga were brought to court by EFCC without confronting him with their extra judicial statements made long after the trial had commenced.

Muaza fixed June 3 for continuation of trial in the charge marked: FCT/HC/CR/577/2023.

Among the allegations against Emefiele was that he forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated January 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

He was accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; April 1616 Nigeria Ltd and Architekon Nigeria Ltd in a charge marked: FCT/HC/CR/577/2023.