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Emefiele Seeks Court Order to Bar EFCC from Calling Additional Witnesses in Procurement Fraud Trial

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Former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has asked the Federal Capital Territory (FCT) High Court in Abuja to restrain the Economic and Financial Crimes Commission (EFCC) from introducing additional witnesses in his ongoing procurement fraud trial.

Emefiele’s lead counsel, Matthew Burkaa (SAN), argued on Monday that the EFCC had initially listed only 10 witnesses in its proof of evidence and should not be permitted to exceed that number. He contended that allowing more witnesses would be procedurally improper.

However, the EFCC’s prosecuting counsel, Rotimi Oyedepo (SAN), opposed the application, insisting that additional testimonies were essential for a fair and comprehensive trial. Oyedepo maintained that preventing the commission from calling more witnesses would infringe on its right to a fair hearing.

After listening to arguments from both parties, Justice Hamza Muazu adjourned the ruling on the application until March 20.

Details of the Case

Emefiele is facing 20 counts of criminal breach of trust, forgery, and conspiracy in case FCT/HC/CR/577/2023. He is accused of abusing his position as CBN governor to confer corrupt advantages on two companies—April 1616 Nigeria Ltd and Architekon Nigeria Ltd.

During Monday’s proceedings, the EFCC’s 10th witness, Salawu Gana, testified that the contract awarded to April 1616 for vehicle procurement followed due process in line with CBN procurement laws and guidelines.

Under cross-examination by Emefiele’s lawyer, Gana stated that:

The CBN Procurement Department had evaluated all submitted quotations and awarded the contract to April 1616 because it offered the lowest price.
Emefiele approved the contract based on recommendations from the CBN Tenders Board but was not a member of the board.
There was no evidence linking payments from April 1616’s bank account to Emefiele.
Emefiele was neither a director, shareholder, nor signatory to April 1616’s bank account.
The former CBN governor did not influence the procurement process or exercise direct oversight over procurement staff.
The EFCC also presented bundles of exhibits related to bidding processes for 45 different contracts involving April 1616, RT Briscoe, and Globe Motors. However, Gana reaffirmed that April 1616 won the contracts based on competitive pricing.

With Justice Muazu set to rule on the application by March 20, the legal battle over witness testimony in Emefiele’s trial remains a crucial point of contention.

Mike Ojo

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