No-case submission: EFCC rejects Emefiele’s bid to end $6.23m fraud trial

The Economic and Financial Crimes Commission (EFCC) has urged an Abuja High Court to reject former Central Bank of Nigeria (CBN) Governor Godwin Emefiele’s no-case submission, alleging that evidence presented in his trial over $6.23m withdrawal and CBN contracts warrants his defence.

The EFCC argued that the prosecution had established a prima facie case against Emefiele, who is facing an amended 20-count charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy and obtaining money by false pretence.

Prosecution counsel and Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, made the submission on Tuesday before Justice Hamza Mu’azu of the Federal Capital Territory High Court, Maitama, Abuja.

Oyedepo told the court that a no-case submission was not the stage to determine the defendant’s guilt or assess the credibility of witnesses, but to establish whether sufficient evidence existed to require him to enter his defence.

On the allegations involving CBN contracts, the prosecutor said exhibits bearing Emefiele’s approval signatures and corporate records linked him to companies associated with his wife and brother-in-law, including Architekon Nigeria Limited.

He alleged that contracts valued between $6m and $10m were processed without the required review by the CBN’s Major Contracts Tender Board, which was responsible for scrutinising major contracts and checking potential conflicts of interest.

According to Oyedepo, a prosecution witness from the procurement department testified that although at least three companies submitted bids for each contract, officials were allegedly directed to favour a company linked to Emefiele’s associates.

He further alleged that the company was given access to the CBN’s internal prices and subsequently submitted matching bids, undermining fair competition.

“The ingredient of the offence is the unfairness of the process,” Oyedepo said.

The prosecutor argued that the defence could not defeat the charges merely by claiming that the contracts had been executed or that the prosecution had not traced the proceeds directly to Emefiele.

He also cited alleged transfers from Emefiele’s personal account to the company, arguing that the transactions demonstrated his knowledge of the company and its directors.

On the alleged $6.23m withdrawal, Oyedepo told the court that the funds were released from the CBN between February and June based on letters purportedly issued by former President Muhammadu Buhari and former Secretary to the Government of the Federation Boss Mustapha.

He said testimony from witnesses, including Mustapha and a forensic analyst, indicated that the letters used to facilitate the withdrawal were forged.

The prosecutor also relied on testimony that an automatic notification was sent to Emefiele after the account went into debit, but he allegedly failed to act.

Oyedepo further alleged that the money was released to an individual on Emefiele’s instructions, with part of the funds allegedly used to renovate one of his properties. He said the balance was recovered from the individual.

“There is a difference between speculation and inferences drawn from legally admissible evidence,” the prosecutor told the court.

He also argued that the absence of a forensic examination of Emefiele’s signature did not automatically invalidate the forgery allegation.

However, defence counsel, Mathew Burkaa, SAN, urged the court to discharge Emefiele, arguing that the prosecution had failed to establish the essential ingredients of the alleged offences.

“My lord, in the entirety of the charge, the prosecution failed to prove that he had conferred undue advantage on his wife and his associates,” Burkaa said.

The court said the date for its ruling on the no-case submission would be communicated to the parties.