An Abuja High Court on Tuesday reserved ruling on a no-case submission filed by Godwin Emefiele, former governor of the Central Bank of Nigeria (CBN), who is standing trial over alleged procurement fraud involving $6.23 million.
Justice Hamza Muazu reserved ruling after counsel to Emefiele and the Economic and Financial Crimes Commission (EFCC) adopted their written addresses on whether the former CBN governor should enter his defence.
Matthew Burkaa, counsel to Emefiele, urged the court to uphold the application, arguing that the prosecution had failed to establish the elements of the offences charged.
He said the EFCC had not presented evidence showing that Emefiele manipulated the CBN’s Tenders Board Committee or benefited personally from contracts awarded to companies linked to his associates.
According to Burkaa, the prosecution’s case across the 14 counts was that Emefiele conferred undue advantage on associates, including his wife and brother-in-law, without proving that he influenced the contract-award process.
“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,” he said.
Burkaa maintained that the evidence showed that April 1616 Nigeria Limited and Architekon Nigeria Limited carried out the work for which they were contracted by the CBN.
He also cited testimony by Boss Mustapha, former Secretary to the Government of the Federation, that his signature and that of the late President Muhammadu Buhari had been forged.
Burkaa added that Emefiele had told EFCC investigators that his signature was also forged.
Rotimi Oyedepo, counsel to the EFCC, urged the court to reject the no-case submission, arguing that the prosecution had presented sufficient evidence to require Emefiele to enter his defence.
Oyedepo said Emefiele allegedly used his position as a public officer to confer undue advantage on Architekon Nigeria Limited, whose directors included his wife and brother-in-law.
Read also: Tinubu receives returning Zamfara lawmakers after reconciliation drive
He argued that the contracts covered by counts one to 14 did not undergo the required scrutiny by the CBN’s Tenders Board Committee, despite a requirement that contracts above the N10 million threshold be reviewed by the committee.
He cited the testimony of the prosecution’s third witness, who said the committee’s review process was circumvented.
The prosecution also alleged that April 1616 Nigeria Limited was given access to the CBN’s in-house prices, 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,” Oyedepo said.
He also drew the court’s attention to the withdrawal of $6.23 million from the CBN during Emefiele’s tenure, describing it as a breach of trust.
The EFCC urged the court to require Emefiele to respond to the allegations, arguing that the evidence presented during the trial was sufficient for the case to proceed.
A no-case submission is an application asking a court to discharge and acquit a defendant on the grounds that the prosecution has failed to present sufficient evidence to require a defence.
Emefiele is charged with criminal breach of trust, forgery, abuse of office, conspiracy to obtain money by false pretence and obtaining $6.23 million by false pretence.
He is also accused of conferring corrupt advantages on April 1616 Nigeria Limited and Architekon Nigeria Limited.
He has pleaded not guilty to the charges.
The court will communicate the date for its ruling to the parties.
Related News
