Tag: Emefiele

Former Central Bank of Nigeria (CBN) Governor Godwin Emefiele has challenged the jurisdiction of the Lagos Special Offences Court, sitting in Ikeja, to try him for alleged abuse of office.

The challenge spurred Justice Rahman Oshodi to fix tomorrow for hearing an application filed by Emefiele’s counsel, Olakekan Ojo, challenging the jurisdiction of the court to try him.

The Economic and Financial Crimes Commission (EFCC) filed a 26-count charge bordering on abuse of office to the tune of $4.5 billion and N2.8 billion against the ex-CBN governor.

His co-defendant, Henry Omoile, is standing trial on three counts bordering on unlawful acceptance of gifts by agents.

During the resumed hearing of the matter yesterday, Ojo expressed the dissatisfaction of his client to be tried by the court.

The lawyer said the Appeal Court had directed that the lower court should hear the application challenging jurisdiction before going further in the trial.

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He contended that Emefiele could not be tried in any state High Court in Nigeria for alleged abuse of office, saying such a trial raises significant constitutional and legal issues.

Ojo described that counts One to Four of the 26 charges filed against Emefiele as unconstitutional, saying they were not based on any existing laws in Nigeria.

He requested the court to strike out counts one to four of the charges on the grounds:

* that the court does not have jurisdiction to try the offence of abuse of office in relation to the position of Governor of the Central Bank of Nigeria held by the defendant at the time of the alleged offences.

* that the actions attributed to the defendant that were said to constitute arbitrary acts resulting in an abuse of office are not recognised as offences under the law, as required by Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

But EFCC’s counsel, Rotimi Oyedepo (SAN), told the court that the trial was set for resumption of cross-examination of the seventh prosecution witness.

A former Deputy Governor of the Central Bank of Nigeria (CBN), Kingsley Obiora, has said there was no time the board of the apex bank recommended the 2022 naira redesign to then President Muhammadu Buhari.

Obiora, who said he once served as a Special Adviser on Economic Matter to a former CBN Governor Godwin Emefiele, said the apex bank’s board first heard of the naira redesign policy on December 15, 2022.

Obiora spoke yesterday in Abuja while testifying as the fifth prosecution witness in Emefiele’s trial on a six-count charge in which he is, among others, accused of unlawfully printing new naira notes.

Led in evidence by lawyer to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo (SAN), Obiora testified virtually via audio-visual means from his base abroad.

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He said: “To the best of my recollection, the first day this policy (naira redesign) was discussed at the board was mid-December 2022. I think it was around December 15, 2022.

“The Governor (Emefiele) invited the Deputy Governor, Operations and Director, Currency Operations to present that same memo that the Committee of Governors (COG) saw in October. He also informed the board of the President’s approval.

“I do not recollect any instance of the board making recommendation for naira redesign to the President. There was no meeting the board recommended Naira redesign,” he said.

The witness had said Emefiele told the four CBN deputy governors about the naira redesign policy at an event in Lagos on October 25, 2022, adding that they advised him against announcing the policy at the event.

“On October 25, 2022, we were in Lagos to commemorate the first year anniversary of the digital currency, E-Naira. During the break between the first two sessions of the event, the governor (Emefiele) called the four deputy governors and informed us of plans to redesign the currency.

“He was wondering if he was going to announce it that day at the event. My personal reaction was that the event may not be the appropriate place.

“That was the first time I became aware of the plan. Secondly, my comment was that we would need time to study the policy and make inputs.”

The witness said Emefiele told the four deputy governors that the reason behind the secrecy of the redesign policy was to ensure its effective implementation.

Obiora said as of October 26, 2022, which was a Wednesday and the day of the meeting of the CBN’s Committee of Governors (COGs), Emefiele asked the Deputy Governor in charge of Operations, Mr. Ade Shonubi, to circulate and present a memo for naira redesign, which he (Shonubi) did.

“The Deputy Governor, Operations, presented the memo to the COGs and it was deliberated upon. During the discussion, the governor mentioned that he had already had the approval of the President for the policy.

“After the COGs’ meeting, the governor and two deputy governors joined a press conference to announce the policy to the public. All this happened on October 26, 2022,” Obiora said.

Under cross-examination by Emefiele’s lawyer, Olalekan Ojo (SAN), Obiora confirmed that he previously worked as a technical adviser to former President Goodluck Jonathan.

The banker said at its December 15, 2022 meeting, the CBN board ratified the decision of the COG on naira redesign policy, saying: “This ratification is in respect of the redesigned naira already in circulation.”

The witness also said he was aware of instances when presidential approval for disbursement of funds to Chad, Niger Republic, and the military, which the CBN complied with.

He added: “Such (presidential) request would come to the governor. He would usually let the committee (COG) know and it would be implemented before the board get to know.”

Obiora recalled that when the EFCC invited him for interrogation, he was never shown any document from former President Buhari or any officials from the Presidency complaining about the redesigned naira notes already in circulation.

He agreed with Ojo that one of the reasons for the currency redesign was to combat currency trafficking and hoarding.

At the conclusion of Obiora’s testimony, Oyedepo sought an adjournment, which Ojo did not oppose.

Ojo prayed the court to vacate November 29, which it earlier set for the continuation of the trial. 

The defence lawyer said the time would enable him attend to his health and to fully participate in his daughter’s wedding, scheduled for November 29.

Oyedepo did not object, and Justice Maryanne Anenih adjourned till December 4.

Justice Deinde Dipeolu of the Federal High Court sitting in Lagos has ordered the final forfeiture of the sum of $2.045m, seven choice landed properties and share certificates linked to the former Governor of the Central Bank of Nigeria, Godwin Emefiele.

Justice Dipeolu also yesterday, ordered the permanent forfeiture of the monies and the two share certificates of Queensdorf Global Fund Limited Trust.

The judge handed down the decision after holding that the former CBN governor or any other interested party did not contest same after the initial interim forfeiture.

The court also forfeited the seven choice landed properties on the ground that the former CBN Governor, Emefiele,was not able to connect his lawful earnings from Zenith Bank and the Central Bank of Nigeria (CBN) to the acquisition of the properties.

The court held that the former CBN Governor failed to provide documents or links to show that he owned the properties.

Emefiele had denied any connection between him and the companies in whose names the properties were purchased.

The court also noted that neither did the companies mentioned  appear before the court to claim the properties.

The EFCC had listed the companies as; Amrash Ventures Limited, Modern Hotels Limited, Finebury Properties Limited, Fidelity Express Services Limited, H & Y Business Global Limited and  SDEM Erectors Nigeria Limited.

Justice Dipeolu therefore held: “the conclusion that can be deduced is that there must be something dark about the acquisition of the properties which Emefiele and the companies do not want to come to light.”

The judge further held “that the interested party has failed to demonstrate any lawful interest in the properties and that they were acquired from his legitimate earnings”.

“I therefore order the final forfeiture to the Federal Government of Nigeria of all those properties…which are reasonably suspected to have been acquired with proceeds of unlawful activities.”

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The properties listed for final forfeiture to federal government are: two fully detached duplexes of identical structures, lying being and situated at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped land, measuring 1919.592sqm with Survey Plan No. DS/LS/340 at Oyinkan Abayomi Drive (Formerly Queens Drive), Ikoyi, Lagos; a bungalow at No. 65a Oyinkan Abayomi Drive, (Formerly Queens Drive), Ikoyi, Lagos and a four-bedroom duplex at 12a Probyn Road, Ikoyi.

Others are an industrial complex under construction on 22 plots of land in Agbor, Delta State; 8 units of an undetached apartment on a plot measuring 2457.60sqm at No. 8a Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land measuring 2217.87sqm at 2a Bank Road, Ikoyi, Lagos.”

The Court had on August 15, 2024, authorised the EFCC to temporarily take custody of the cash sum of $2.045million, seven choice landed properties and shares linked to Emefiele after hearing an ex parte application filed by lead counsel to the Commission, Rotimi Oyedepo (SAN).

The court’s ruling followed the EFCC’s assertion that the money and other items sought to be forfeited were reasonably suspected to be proceeds of unlawful activities.

However, counsel to Emefiele, Olalekan Ojo (SAN) in his defence, had urged the court to stay proceedings and not grant the final forfeiture of the properties.

By Adebisi Onanuga, Elizabeth Eze, Akinbobola Olamilekan and Jesutayo Taiwo

An Ikeja Special Offences Court has heard how former Central Bank of Nigeria (CBN) Governor Godwin Emefiele instructed his erstwhile despatch rider, Monday Osasuwa, not to formally acknowledge millions of dollars collected on his behalf from various sources.

Osasuwa, who is the first prosecution witness (PW1) in a case the Economic and Financial Crimes Commission (EFCC) filed against Emefiele, said this yesterday during re-examination by counsel to Emefiele, Olalekan Ojo (SAN), before Justice Rahman Oshodi.

The witness told the court that he had no record of all the money he collected and handed over to the former CBN governor.

The court had recalled Osasuwa, following the granting of an application Ojo filed over the case.

The lawyer asked Osasuwa if he produced any documents to the EFCC showing Emefiele’s instructions, and the witness said: “He advised me not to write anything down for all the money I brought to him. I did not produce any document because my boss told me not to keep any records. I only obeyed my boss.

“Whenever my boss was not around, he instructed me to give it to the second defendant (Henry Omoile).”

On April 12, Osasuwa had testified that Emefiele, on different occasions, used him to collect funds from different sources as the ex-CBN governor’s despatch rider.

The witness said after he became a CBN staff member, he collected over $3 million in tranches on behalf of Emefiele.

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When Ojo asked the witness who his direct boss was at the CBN, Osasuwa said: “I did not have one direct boss. In my office, we have the Secretary to the former CBN Governor Emefelie.”

When the lawyer further asked Osasuwa if in his appointment letter as a senior supervisor, it was stated that he was to run personal errands for Emefiele, the witness replied: “If my boss gives me instructions, I can’t refuse.” 

He told the court that based on the errands he ran for Emefelie, the EFCC said he was charged with money laundering.

“I have been carrying some dollars for him; so, the EFCC tagged it money laundering. It was based on the messages my boss sent me.”

Emefiele is standing trial for alleged abuse of office and money laundering to the tune of $4.5 billion and N2.8 billion.

The EFCC had, on April 8, arraigned the ex-CBN governor on 23 counts bordering on abuse of office, accepting gratifications, corrupt demand, receiving property fraudulently obtained, and conferring corrupt advantage.

Omoile was arraigned on three counts bordering on acceptance of gifts by agents.

The defendants pleaded not guilty to the charges.

Emefiele was admitted to N50 million bail with two sureties in like sum.

A High Court of the Federal Capital Territory (FCT) in Maitama has acceded to the request of the Economic and Financial Crimes Commission (EFCC) to present two witnesses virtually in the trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

In a ruling yesterday, Justice Maryanne Anenih granted EFCC’s application in which it sought the court’s permission to be allowed to field the witnesses, who are currently abroad, through video link.

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The EFCC is prosecuting Emefiele on a six-count charge of unlawfully printing of new naira notes, among others.

The court adjourned till October 17 for the continuation of trial, as the prosecution’s fourth witness, Edward Adamu (a former Deputy Governor, Corporate Services at the CBN), concluded his testimony.

At the mention of the case yesterday, EFCC’s lawyer A. O. Mohammed told the court that the two witnesses the prosecution planned to call next were based in the United States of America (U.S.A.).

A High Court of the Federal Capital Territory (FCT) in Maitama has acceded to the request by the Economic and Financial Crimes Commission (EFCC) to be allowed to present two witnesses virtually in the trial of former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

In a ruling on Thursday, Justice Maryanne Anenih granted EFCC’s application in which it sought the court’s indulgence to be allowed to field the witnesses, who are currently abroad, through video link.

Emefiele is being prosecuted  by the EFCC on a six-count charge in which he is among others, accused of unlawfully printing new naira notes.

The court, last week adjourned to October 17 for the continuation of trial the prosecution’s fourth witness, Edward Adamu, a former Deputy Governor, Corporate Services at the CBN concluded his testimony.

At the mention of the case on Thursday, EFCC’s lawyer, A. O. Mohammed told the court that the two witnesses the prosecution planned to call next are based in the United States of America (USA).

Mohammed said: “The matter is slated for continuation of trial however,we ran into a little issue in trying to bring down our witnesses, who are currently in the US. 

“On that basis, we filed a motion seeking the court’s indulgence to take the oral evidence of the two witnesses via Zoom or any live audio-visual devices.”

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Emefiele’s lawyer,  Hakeem Labi-Lawal said the defence was not opposing the application, but was concerned in knowing if the two witnesses were the last the prosecution planned to call.

Responding, Mohammed said the prosecution still have more witnesses, but chose to call the two witnesses in line with its case plan.

The judge then asked the prosecuting lawyer how he intends to present his witnesses virtually since the court does not have the facilities for live  audio-visual proceedings.

Mohammed said EFCC’s media team will handle it.

Justice Anenih then adjourned till November 14, for continuation of trial.

Justice Deinde Dipeolu of the Federal High Court in Lagos has set November 1, 2024, to decide on the EFCC’s request for the final forfeiture of $2.045 million and assets linked to ex-CBN Governor, Godwin Emefiele.

The court will also rule on the application filed by Emefiele challenging the jurisdiction of the court to entertain the forfeiture proceedings.

The court had on August 25, 2024, authorised the EFCC to temporarily take custody of the cash sum of $2.045million, seven choice landed properties, and shares linked to Emefiele.

In granting the application, the court had directed the EFCC to publish the order of interim forfeiture for any person interested in the funds to show the cause why it should not be finally forfeited to the FG.

At the resumed hearing on Friday Rotimi Oyedepo (SAN), who led Bilkisu Buhari-Bala and C.C Okezie counsel for the EFCC, moved an application for the final forfeiture of the sum of $2.045m, as well as share certificates, which he said was not contested by the interested Party.

On the properties sought to be forfeited, Oyedepo submitted that the party interested failed to connect his lawful earnings from Zenith Bank and the Central Bank of Nigeria (CBN) to the acquisition of the properties sought to be forfeited.

He stated that the totality of the amount the party interested lawfully earned and saved before the assumption of office as CBN Governor as declared by him was not used for the acquisition of the properties sought to be forfeited.

Oyedepo further adopted his written address dated August 29, 2024, and urged the court to order the final forfeiture of the properties to the Federal Government.

In his opposition, Mr. Olalekan Ojo, counsel to the interested Party (Emefiele), who led Labi Lawal urged the court to hold that the interested party has shown in a balance of probability that the court ought not to grant final forfeiture of the properties.

He adopted his written address and urged the court to refuse the application.

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Earlier, in his application challenging the jurisdiction of the court to continue with the forfeiture proceedings, Olalekan Ojo (SAN) urged the court to stay further proceedings pending final determinations of the charges filed by the EFCC against Emefiele before the Federal High Court in Abuja and at the Lagos State High Court.

Citing several legal authorities to buttress his argument, Ojo argued that the decision of the court will affect ongoing trials at the Federal High Court, Abuja, and the Lagos State High Court respectively.

However, Oyedepo in his reply urged the court to discountenance the argument, adding the court had held on several occasions that the penance of a charge, will not prevent the court from making final forfeiture of properties reasonably suspected to be proceeds of unlawful activity.

Justice Akintayo Aluko had on August 15 ordered an interim forfeiture of $2.045 million, and some landed properties allegedly linked to Emefiele following an ex-parte application by the Economic and Financial Crimes Commission (EFCC).

The judge granted the forfeiture order, after hearing EFCC counsel, Mr. Rotimi Oyedepo (SAN).

Other properties ordered to be forfeited by the court include two fully detached duplexes of identical structures, lying being and situated at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped land, measuring 1919.592sqm with Survey Plan No. DS/LS/340 at Oyinkan Abayomi Drive (Formerly Queens Drive), Ikoyi, Lagos; a bungalow at No. 65A Oyinkan Abayomi Drive, (Formerly Queens Drive), Ikoyi, Lagos, and a four-bedroom duplex at 12a Probyn Road, Ikoyi.

Others are an industrial complex under construction on 22 plots of land in Agbor, Delta State; 8 units of an undetached apartment on a plot measuring 2457.60sqm at No. 8a Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land measuring 2217.87sqm at 2a Bank Road, Ikoyi, Lagos.

The judge also ordered that two share certificates of Queensdorf Global Fund Limited Trust belonging to Emefiele be temporarily forfeited.

After granting the motion, Justice Aluko further ordered the EFCC to publish the forfeiture notice in a well-circulated national newspaper within 14 days, for any interested party to show cause and tell the court why the money and properties should not be finally forfeited.

The Economic and Financial Crimes Commission (EFCC) has asked the Federal High Court sitting in Lagos to dismiss a motion by the embattled former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, seeking to stop the forfeiture of properties and monies linked to him.

The court had on August 25, 2024 authorised the EFCC to temporarily take custody of the cash sum of $2.045 million, seven choice landed properties and shares linked to Emefiele.

At the resumption of proceedings on Friday, Emefiele’s counsel, Olalekan Ojo (SAN) urged Justice Deinde Dipeolu to stay further proceedings in the case pending the determination of the banker’s appeal.

“We’re urging your lordship to stay proceedings pending the hearing and determination of the Appeal Court in order to avoid judicial rascality,” Ojo said.

However, EFCC’s counsel Rotimi Oyedepo, SAN, who appeared with Bilkisu Buhari-Bala and C.C. Okezie, opposed him, saying Emefiele had not filed any appeal.

According to him, no motion from Emefiele was taken and ruled on that crystallised to an appeal.

Oyedepo said: “My lord, how can the defendant in this case rush to the Court of Appeal because the (Federal High) Court returned the (case) file to the administrative judge for assignment, owing to the fact that the annual vacation of the court ends on the next adjourned date?

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“I submit with due respect that the defendant just went to dump mere documents in registry of the Appeal Court. Therefore, I urge the court to hold that there is no appeal.

“Let us even assume there is an appeal, the question will be ‘has the leave of my lord been sought?’ The answer is no.

“My lord, I submit with respect that this appeal cannot stop the proceedings in this matter because the leave of the court was not sought, as the rule of court has made it mandatory when it is an appeal filed on the ground of mixed fact and law.

“I submit that there is no appeal against the decision of your lordship. In an interlocutory appeal, the application of the appellant must first be taken first by the lower court before going to the higher court.

“This party has not shown any exceptional circumstances that will warrant ant stay of proceedings.

“The purported appeal has no bearing in the final determination of this case.”

“Therefore, I urged the court to hold that there is no appeal and proceed with the hearing of pending applications.”

Justices Dipeolu adjourned ruling on the issue till October 11.