Alleged contract fraud: Emefiele asks court to throw out case as EFCC’s absence stalls trial

Former Governor of the Central Bank of Nigeria, CBN, GodwinEmefiele, on Tuesday asked a Federal Capital Territory, FCT, High Court toforeclose his prosecution for alleged procurement fraud following the absenceof the prosecution in court. Emefiele is being prosecuted before Justice Hamza Muazu,sitting at Maitama, Abuja, by the Office of the Attorney-General of theFederation, AGF, in the case marked CR/577/2023. The 20-count charge border on criminal breach of trust,conferring corrupt advantage, forgery, conspiracy to obtain by false pretenceand obtaining money by false pretence while he was CBN governor. Among other accusations, he was alleged to have to have usedhis position as CBN governor to award six different contracts for the supply ofvehicles to April 1616 in which one Sa’adatu Ramalan Yaro, a member of staff ofCBN, is a director and shareholder, between 2018 and 2022 – to the tune of N1.2billion. However, during his arraignment, Emefiele had pleaded notguilty to the charge. At the resumed hearing of the case on Tuesday, Emefiele,through his counsel, Mathew Burkaa SAN, urged the court to foreclose the trialdue to failure of the prosecution – Economic and Financial Crimes Commission –to be represented in court, having known of the date since June 27 before thecourt went on its annual vacation. Burkaa told the court that the matter was slated forcontinuation of hearing but the prosecuting counsel, Rotimi Oyedepo, SAN, wasneither in court nor represented by another lawyer. He added that he was informed by the registrar of the courtthrough a WhatsApp message that there was a letter of adjournment before thecourt. The senior advocate told the court that the application hewas shown was sent by the EFCC, which did file the matter. According to him, the charge before the court was brought bythe Office of Attorney-General of Federation, AGF, and wondered why EFCCapplied for adjournment of the matter. While opposing the application for adjournment, Emefiele’slawyer wondered while any of the lawyers involved alongside the prosecutorcould not be in court for the matter to go on, despite the fact that theprosecution asked for an accelerated hearing of the case. He further told the court that Emefiele and his lawyers werecoming from Lagos to attend the trial. Burkaa, therefore, urged the court to foreclose theprosecution as there was no application from the Office of the Attorney-Generalof the Federation for adjournment. After listening to the counsel for the former CBN chief,Justice Muazu said the court would give the prosecution one last opportunity,adding that the court would do the needful should the prosecution fail toappear in court at the next adjourned date. He, therefore, adjourned the case to October 22 for continuationof trial.

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