Tag: Emefiele

Former Governor of the Central Bank of Nigeria (CBN) Godwin Emefiele has been unable to perfect the N300m bail granted him by a High Court of the Federal Capital Territory (FCT) on November 22.

Emefiele is standing trial on a five-count brought against him by the Federal Government, through the office of the Attorney General of the Federation, in which he is accused of “conferring corrupt advantage” contrary to section 19 of the Corrupt Practices and other Related Offences Act 2000.

The ex-Governor of the CBN, who is still being held in Kuje prison, was brought to court on Tuesday by heavily armed prison officials, who also took him away after proceedings.

One of his lawyers confined the development and explained that efforts were on to ensure the bail was perfected before the week runs out.

The prosecution opened its case its case on Tuesday by calling three witnesses – Shamsudeem Abulili, an official of the Corporate Affairs Commission (CAC), Remigious Ugwu, a Compliance Officer with Zenith Bank Plc and Oluwole Owoeye, who is a Deputy Director, Banking Services with CBN and former Secretary to Major Contract Tendering Committee (MCTC) of the apex bank – who were also cross-examined.

Abulili, the first prosecution witness (PW1), who was led in evidence by prosecuting lawyer, Rotimi Oyedepo (SAN) that the company to which Emefiele is accused of awarding contracts – Aril 1616 Investment Limited – was incorporated as a company limited by shares on August 1, 2016.

The witness added that the directors of the company are Aminu Idris Yaro; Maryam Aliyu Abdullah and Sa’adatu Ramalan Yaro, who appeared as the Company Secretary on the registration documents

Under cross examination by lawyer to Emefiele, Mathew Burkaa (SAN), Abulili admitted that the defendant (Emefiele) was not listed as either a director or shareholder of the company.

Abulili said although the CAC was responsible for the  incorporation of April 1616 Investment, it did not play any roles in the day to day running of the affairs of the company.

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Ugwu, who was the second prosecution witness (PW2) told the court that his bank (Zenith Bank) got an investigation request from Economic and Financial Crimes Commission (EFCC) to produce some documents relating to some customers, including April 1616 Investment Limited, which he said were supplied to the commission.

The witness was asked to read from the statement of account of April 1616 Investment Limited, earlier rendered and admitted as exhibits, which he did.

Ugwu said on October 19, 2020, there was an inflow of N39,060,465.11 from the CBN to the company’s account.

He added that there was another inflow of N121, 953, 488.34 into the account on November 6, 2020, while  N304,883,720.85 was paid on November 23, 2020 to the same company by the CBN.

Abulili added that on January 22, 2021 an inflow of N304, 883, 720.85 from CBN was made to April 1616, while another N304, 883, 720.85 was paid to company on March 23, 2021 by CBN.

Under cross-examination, the witness admitted that the defendant’s name is not on the company’s account mandate and that he was not a signatory to the account.

Abulili said he did not know what the payments made by the CBN were all about, adding that he did not know the purpose for which the payments were made.

Owoeye, who was the third prosecution witness (PW3) told the court that the committee was set up after the enactment of the Public Procurement Act, 2007.

He said the Major Contract Tendering Committee (MCTC) has nine members, who were directors, but headed by CBN Deputy Governor. 

The witness added that the committee was responsible for ensuring compliance with the Procurement Act by the CBN in the award of contracts.

He gave a detailed explanation about the procedures adopted by the committee in choosing  prospective winners of contract bids and added  that there are evaluation criteria, which form the basis for the bids.

The witness said part of the criteria was that no director of a bidding company is a staff member of CBN, and that a company that has a staff member of CBN would not be allowed to participate in the bidding process.

Oyedepo later tendered documents marked F1 to F45 through the Owoeye, which were admitted as exhibits by the court.

Owoeye informed the court that the contracts contained in Exhibit F1-F45 exceeded the threshold of N0million which his committee could handle.

He said there was no evidence that the contracts came to his committee for evaluation, adding that the documents were handled by the procurement services division and we’re never referred to the MCTC.

Under cross-examination, Owoeye said Emefiele was neither a member of the MCTC nor headed the committee, adding that the defendant was also not a member of the procurement services division of CBN.

Owoeye said he cannot say what steps were taken by the CBN’s procurement services division in respect of the contracts awarded to April 1616 Investment Limited.

He added that it was not out of place for the CBN to pay a contractor that carried out a contract for the bank.

The witness said both the MCTC and the procurement department of the CBN were functional when the served as the Governor of the bank.

Owoeye confirmed that the contract awarded to April 1616 Investment was one of the contracts awarded by the CBN. He however denied knowing whether the company was paid by the bank or not. 

At the conclusion of Owoeye’s testimony, the prosecuting lawyer sought an adjournment to enable him present more witnesses.

Without objection from the defence lawyer, Justice Hamza Muazu adjourned till January 18 next year for the continuation of trial.

A High Court of the Federal Capital Territory (FCT) in Maitama has granted bail to the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele at N300 million.

In a ruling on Wednesday, November 22, Justice Hamza Muazu held that Emefiele should produce two sureties, who must have landed property in the Maitama District of the FCT.

Justice Muazu said the sureties must present the property’s certificate of occupancy (C of O) in court for the purpose of verification.

The judge ordered Emefiele to deposit all his travel documents with the court, adding that he must always obtain the court’s permission before engaging in any trip outside the country.

Emefiele was not in court during Wednesday’s proceedings.

On November 17, after he pleaded not guilty to a five-count charge filed against by the Federal Government, the court ordered Emefiele’s remand in Kuje correctional facility pending bail.

Prison officials failed to produce him in court on Wednesday.

After the court’s ruling, the lawyer to Emefiele, Matthew Burkaa expressed concern that his client may be rearrested by state officials.

Burkaa noted that the ex-CBN governor was rearrested after he was granted bail by a court.

He urged the court to issue an order prohibiting his client’s further arrest by any agency of the Fed Govt.

Responding, a lawyer for the prosecution, Rotimi Oyedepo (SAN) argued that it was impossible for him to promise that the defendant would not be rearrested.

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Oyedepo said he could only assure the defence that the ex-CBN Governor would not be rearrested in relation to the current case in respect of which he was granted bail.

Ruling, Justice Muazu held that it was impossible for the court to bar any government agency from carrying out its statutory responsibilities.

The judge however cautioned against any further arrest of the defendant in relation to the present case.

He then adjourned till November 28 for the commencement of trial.

Emefiele is, in the charge marked: CR/577/2023, accused of “conferring corrupt advantage” contrary to Section 19 of the Corrupt Practices and Other Related Offences Act 2000.

A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has ordered the remand of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele in Kuje Correctional Facility pending ruling on his bail application.

Justice Hamza Muazu issued the order on Friday, November 17, on Emefiele’s arraignment and his plea of not guilty to a six-count amended charge filed by the Director of Public Prosecution of the Federation (DPPF).

He is, in the charge marked: CR/577/2023, accused of “conferring corrupt advantage” contrary to Section 19 of the Corrupt Practices and Other Related Offences Act 2000.

Justice Muazu, who took arguments on Emefiele’s bail application, adjourned till November 22 for ruling on the bail application and November 28 for the commencement of trial.

While arguing the bail application, Emefiele’s lawyer, Matthew Burkaa (SAN) prayed the court to exercise its discretion in the ex-CBN’s favour because he has suffered too long in the hands of the Federal Government that kept him for 151 days in its custody.

Burkaa, who tendered documents, including evidence of the bail earlier granted Emefiele by Justice Olukayode Adeniyi (also of the High Court of the FCT), said the initial bail was a temporary relief, in view of the fact that the ex-CBN Governor had suffered unduly in custody.

He added that the bail application was filed when the defendant had been in state custody for 151 days.

Burkaa argued that while the defendant has placed enough evidence before the court that Emefiele will not jump bail, the prosecution has not supplied any evidence to show that he will jump bail.

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Lawyer for the prosecution, Rotimi Oyedepo (SAN) urged the court to refuse the bail application, but instead, grant an accelerated hearing of the case.

Oyedepo assured that the prosecution will not delay in its handling of the case.

He said the prosecution plans to call five witnesses in all, even though it listed eight.

Oyedepo said the prosecution was ready to commence trial at any date chosen by the court.

He argued that the order for bail earlier granted was in respect of a fundamental rights enforcement suit, while this one is a criminal prosecution.

Meanwhile, the scheduled hearing of the fundamental rights enforcement suit pending before Justice Adeniyi could not go on owing to the request by Emefiele’s lawyer that he be allowed a short adjournment to respond to some court documents served on him by the respondents.

Lawyers to the federal government and the Attorney General of the Federation (AGF), Oyin Koleosho, and the lawyer to the Economic and Financial Commission (EFCC) and its chairman, Farouk Abdullah did not object to the request for adjourned.

Ruling, Justice Adeniyi rescheduled the hearing for December 11 at 1 pm.

The six counts in the charge, in the criminal case, reads:

*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2018 did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of 37 (Nos.) Toyota Hilux Vehicles at the cost of N854,700,000.00 only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and thereby committed an offence.

*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2019 within the jurisdiction of this Honourable Court did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramailan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of one Toyota Avalon at the cost of N99,900,000.00 only to Aprili616 Investment Ltd, a company in which the said Sa’adatu Ramailan Yaro is a Director and thereby committed an offence.

• That you Godwin Ifeanyi Emefiele, male, adult, sometime in 2019 did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramalian Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of one Toyota Landcruiser V8 at the cost of N73 800 000 00 only to Aprii1616 Investment Ltd, a company in which the said Sa‘adatu Ramailan Yaro is a Director and thereby committed an offence.

*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa’adatu Ramailan Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of two Toyota Hilux Shell Specification Vehicles at the cost of N44,200,000.00 only to April 1616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and thereby committed an offence.

*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa adatu Ramalian Yaro, a staff of the Central Bank of Nigeria by awarding a contract for the supply of one Toyota Land Cruiser VXR V8 (CONTRACT NO: PO026821) at the cost of N69,000,000.00 only to Aprill616 Investment Ltd, a company in which the said Sa’adatu Ramallan Yaro is a Director and thereby committed an offence.

*That you, Godwin Ifeanyi Emefiele, male, adult, sometime in 2020 did use your position as Governor of the Central Bank of Nigeria to confer a corrupt advantage on Sa adatu Ramallan Yaro, a staff of the Central Bank of Nigeria by awarding contract for the supply of one Toyota Land Cruiser VXR V8 at the cost of Suty ime conNa a (N69,000,000.00 only ( Contract No: PC26S22) to Ape 1616 Investment Ltd a company in which the said Sa’adatu Ramallan Yaro is a Director and thereby committed an offence.