Tag: Emefiele

The planned resumption of proceedings in the ongoing trial of former Governor of the Central Bank, Godwin Emefiele before a High Court of the Federal Capital Territory (FCT) was stalled on Thursday owing to his absence.

Emefiele is being prosecuted before Justice Maryanne Anenih by the Economic and Financial Crimes Commission (EFCC) on a six-count charge in which he is among others, accused of unlawfully printing new naira notes.

At the mention of the case on Thursday, neither Emefiele nor his lawyer was in court.

Prosecuting lawyer, Rotimi Oyedepo (SAN) told the court that he tried, but could not reach the lead defence lawyer, Mahmud Magaji (SAN) on the phone.

Oyedepo said he later called another lawyer in the defence team, who told him that they omitted Thursday’s date in their dairy.

He then asked for adjournment to October 2, which is one of the dates earlier fixed for the case.

Ruling, Justice Anenih said she was granting the request for an adjournment in the interest of justice and at the instance of the defence.

She then adjourned till October 2, 9, and 17 for continuation of trial.

The prosecution has so far, called two witnesses in the case.

In the charge, marked: CR/264/2024 Emefiele is among others, accused of approving the printing of new naira notes between October 2022 and March 2023 without recourse to due process of law.

He is also accused of approving the withdrawal of the total sum of N124,860,227,865.16 from the Consolidated Revenue Fund of the Federation in a manner not prescribed by the National Assembly.

The alleged offences are said to be contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

The charge reads:

Count One:

Statement of offence – Public servant disobeying the direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

Particulars of the offence: “That you Godwin Ifeanyi Emefiele, between the 19th day of October 2022 and 5th March 2023 in Abuja knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 375, 520, 000 pieces of colour swapped N1,000 notes, at the total cost of N11,052, 068,062  without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

Count two:

Statement of offence –  Public Servant disobeying the direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

Particulars of the offence: That you Godwin Ifeanyi Emefiele, between 19th day of October 2022 and 5th March 2023 in Abuja, knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 172,000,000  pieces of colour swapped N500 notes, at the total cost of N4,471,066,040 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria, which conduct of yours caused injury to the public and you thereby committed an offence.

Count three:

Statement of offence – Public servant disobeying the direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

Read Also: Emefiele: Court fixes September 12 to hear applications on forfeited assets

Particulars of the offence: That you Godwin Ifeanyi Emefiele between the 19th day of October 2022 and 5th March 2023 in Abuja,  knowingly disobeyed the direction of Section 19 of the Central Bank of Nigeria Act, 2007, by approving the printing of 137,070,000  pieces of colour swapped N200 note, at the total cost of N3,441, 005, 280 without the recommendation of the Board of Central Bank and the strict approval of the President, Federal Republic of Nigeria which conduct of yours caused injury to the public and you thereby committed an offence.

Count four:

Statement of offence – Public servant disobeying the direction of law with intent to cause injury to the public contrary to and punishable under Section 123 of the Penal Code Law, Cap. 89 Laws of the Federation, 1990.

Particulars of the offence: That you Godwin Ifeanyi Emefiele on or about the 7th day of October 2020, in Abuja, knowingly disobeyed the direction of Section 80 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), by approving the withdrawal of the total sum of N124, 860, 227, 865.16 from the Consolidated Revenue Fund of the Federation in a manner not prescribed by the National Assembly, which conduct of yours caused injury to the public and you thereby committed an offence.

Justice Deinde Dipeolu of the Federal High Court, Ikoyi, Lagos, has fixed Thursday, September 12, for hearing of all applications on all forfeited funds and properties linked to a former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

It would be recalled that Justice Akintayo Aluko had on August 15, ordered an interim forfeiture of a sum of $2.045 million, and some landed properties linked to the embattled banker following an ex-parte application by the Economic and Financial Crimes Commission (EFCC).

The judge granted the forfeiture order, after taking the submission of EFCC’s counsel, Mr. Rotimi Oyedepo (SAN), leading Chineye Okezie and Zeenat Atiku-Bala, who filed and moved the motion for the order.

Other properties ordered to be forfeited by the court include: two fully detached duplexes of identical structures, lying 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.

The properties  also included an industrial complex under construction on 22 plots of land in Agbor, Delta State; eight 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.

Justice Aluko also ordered that two share certificates of Queensdorf Global Fund Limited Trust belonging to Emefiele be forfeited.

The judge, after granting the motion, 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.

At the resumed hearing of the matter, Mrs. Bilikisu Buhari-Bala appeared for the EFCC, while Mr. Olalekan Ojo (SAN) and A. Labi-Lawal appeared for Emefiele.

Mr. Chibuzor Opara announced his appearance for the occupants of 8a, Adekunle Lawal No. 8a Adekunle Lawal Road, Ikoyi, Lagos.

Read Also: Court orders forfeiture of $2.04m assets linked to Emefiele

Mrs. Buhari-Bala informed the court that the matter was fixed for report of compliance with the orders made on August 15, 2024.

She also informed the court that the EFCC had filed an affidavit showing that the order was published on August 28, 2024 in a national daily.

Buhari-Bala further informed the court that she had received two processes from Emefiele and that the applications were not ripe for hearing.

She therefore asked the court for a short date to enable her to respond to Emefiele’s applications.

In his response, Mr. Ojo informed the court that the processes filed on behalf of Emefiele was to stop further proceedings in the forfeiture suit.

He stated that “the law says, where there is an application of such, the issue of final forfeiture should be stated”.

Ojo further informed the court that his client’s application, being an interlocutory one, must be heard and determined before any further proceedings.

He therefore urged the court to adjourn till Monday, to hear his client’s application.

However, Opara told the court that he was yet to have all processes filed in the matter, despite applying to court for search.

He equally prayed for an adjournment to enable him file his client’s processes.

After listening to all the counsels, Justice Dipeolu adjourned till September 12, for hearing of all applications.

Justice Deinde Dipeolu of a Lagos Federal High Court has fixed September 12 to hear the applications on the forfeited money and properties linked to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

On August 15, Justice Akintayo Aluko had ordered an interim forfeiture of $2.045 million and some landed properties linked to Emefiele.

The judge granted the forfeiture order after taking the submissions of Rotimi Oyedepo (SAN), leading Chineye Okezie and Zeenat Atiku-Bala, who moved an ex parte motion for the order on behalf of the Economic and Financial Crimes Commission (EFCC).

Other properties the court ordered to be forfeited include: two fully detached duplexes of identical structures lying, being and situate at 17B Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped land measuring 1919.592 square metres with a survey plan number DS/LS/340 lying, being and situate at Oyinkan Abayomi Drive (formerly Queens Drive), Ikoyi, Lagos; a bungalow lying, being and situate at 65a Oyinkan Abayomi Drive, (formerly Queens Drive), Ikoyi, Lagos; four bedroom duplex lying, being and situate at 12A Probyn Road, Ikoyi.

Others include an industrial complex under construction on a 22-plot of land, lying, being and situate in Agbor, Delta State; eight units of the undetached apartment on a plot measuring 2457.60 square metres of lying, being and situate at 8A Adekunle Lawal Road, Ikoyi, and a full duplex together with all its appurtenances on a plot of land measuring 2217.87 square metres lying, being and situate at 2A Bank Road, Ikoyi, Lagos.

Read Also: Court orders forfeiture of $2.04m assets linked to Emefiele

Justice Aluko also ordered that share certificates of Queensdorf Global Fund Limited belonging to Emefiele be forfeited.

The judge, after granting the ex parte motion, ordered the EFCC to publish the orders 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.

At the resumed hearing of the matter yesterday, Bilikisu Buhari-Bala appeared for the EFCC, while Mr. Olalekan Ojo (SAN) and A. Labi-Lawal appeared for Emefiele.

The Federal High Court in Lagos has ordered another interim forfeiture of $2.045million, seven landed properties and shares linked to former Central Bank of Nigeria (CBN) Governor Godwin Emefiele.

Justice Akintayo Aluko made the order following an application by Economic and Financial Crimes Commission (EFCC) counsel Rotimi Oyedepo (SAN).

The two share certificates are of Queensdorf Global Fund Limited Trust, while the properties are located in the highbrow Lekki and Ikoyi parts of Lagos State and Agbor in Delta State.

The landed properties are listed as: “Two fully detached duplexes of identical structures at No. 17b Hakeem Odumosu Street, Lekki Phase 1, Lagos; an undeveloped/bare 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; four-bedroom duplex at 12a Probyn Road, Ikoyi; Industrial complex under construction on a 22-plot of land in Agbor, Delta State; eight units of undetached apartments 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.”

Oyedepo said the money and other items sought to be forfeited were reasonably suspected to be proceeds of unlawful activities.

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He relied on Section 17 of the Advanced Fee Fraud and Other Fraud Related Offences Act of 2006 and Section 44 (2)(B) of the 1999 Constitution.

Justice Aluko granted the interim forfeiture of the money, the share certificates, and the landed properties.

The judge also directed the EFCC to publish the interim forfeiture order in a national newspaper.

It enables anyone interested in the properties to show cause within 14 days as to why the final forfeiture order should not be made in favour of the Federal Government.

In a supporting affidavit to the forfeiture motion, EFCC stated: “The Commission, whilst investigating the alleged monumental fraud carried out by the immediate past CBN Governor and his cronies, traced and discovered several properties reasonably suspected to have been acquired and or developed with proceeds of unlawful activities.

“The said properties, having been reasonably suspected to have been acquired/ developed with proceeds of unlawful activities are now sought to be forfeited to the Federal Government of Nigeria in the interim.

“In the cause of this investigation, it was revealed that the erstwhile CBN governor negotiates kickbacks in return for allocation of Foreign Exchange to some companies who were in desperate need of foreign exchange for their lawful and legitimate businesses.”

EFCC said one Ifeanyi Omeke, a Deputy General Manager and Head of Litigation of a bank, worked closely with Emefiele and helped him purchase and perfect title documents for several properties in Lagos’s highbrow areas.

The commission added: “Upon a search conducted in the office premises of Mr.  Omeke by the operatives, several seals for various companies including but not limited to Queensdorf Global Fund Limited were recovered.”

“That the said seals were kept in the custody of Mr. Omeke by Emefiele.

“Investigation has revealed that all seven companies listed above are suspected to be shell companies used by Emefiele as vehicles for money laundering and holding proceeds of his illicit activities…

“Most of the proceeds of Emefiele’s illegal activities were invested in the acquisition of various properties now sought to be forfeited to the Federal Government.

“The properties now sought to be forfeited were not acquired with proceeds of any legitimate earnings but rather from funds reasonably suspected to have been derived from proceeds of unlawful activities.”

Further hearing has been adjourned till September 5.

Emefiele is on trial in different courts for alleged corruption, money laundering and abuse of office.

He pleaded not guilty in all the cases.

The High Court of the Federal Capital Territory (FCT) in Maitama yesterday rejected an application by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, for permission to travel to the United Kingdom for a check-up.

Justice Hamza Muazu ruled that Emefiele failed to supply sufficient materials to show that the medical trip was unavoidable.

The judge found that while Emefiele claimed there was an invitation to travel to the UK for medical attention, he failed to tender a copy.

Justice Muazu found that Emefiele did not show that his ailment could not be treated in Nigeria.

He held: “In my view, where the need to protect the health of the applicant by travelling abroad is established, the court ought to grant the application.

“In the affidavit of the applicant, there is the mention of Exhibit MAN3, that is, a letter of invitation for medical follow-up, which is said to be attached.

“I have looked at the documents accompanying the motion of the applicant and I fail to see any letter of invitation.

Read Also: JUST IN: Court declines Emefiele’s request for UK medical trip

“It is not before the court. Why is it not before the court? I am left to wonder why that is.

“Surely, the defendant/applicant can have his check-up in Nigeria.

“It is only when a medical report or a letter of invitation for medical follow-up states the necessity of having such medical follow-up check-up outside the shores of Nigeria that the court will consider allowing the applicant to travel outside Nigeria.

“As it stands, I cannot exercise my discretion to allow the defendant/applicant to travel outside Nigeria.

“Furthermore, the applicant, as alluded to by both parties, is standing trial in three different courts on allegations of crime and trial is ongoing in all the three courts

“This is another reason to be certain of the necessity of granting the application before doing so.

“So, on the whole, the application fails. It is hereby dismissed.”

Neither the former Central Bank of Nigeria (CBN), Governor Godwin Emefiele and his wife Margaret, were signatories to the accounts to which millions of naira were moved from the apex bank, an Ikeja Special Offences Court heard yesterday.

The funds were funneled to companies accounts domiciled in a second generation bank, an Assistant Manager with the financial institution, Mrs. Ifeoma Ogbonnaya, said.

The companies were Limelight Multidimensional Limited, Come Support Services Limited and Ambswin Resources Limited and Magofarm.

Mrs. Ogbonnaya testified as the 5th prosecution witness under cross examination by Olalekan Ojo (SAN), the counsel to 1st defendant, Emefiele.

The former apex bank boss is standing trial for alleged abuse of office and allocation of $4.5 billion, N2.8 billion before Justice Rahman Oshodi. He is being tried alongside Henry Omoile.

In her testimony before the court, Mrs. Ogbonnaya named one Mrs. Augustina as the signatory to the accounts.

She, however, maintained that transactions made into the accounts would not be processed until it was approved by Mrs. Emefiele.

The witness said: “l still maintain that Mrs. Margaret Emefiele gave me instructions through phone calls, WhatsApp chat and my official email.

“I saved Mrs. Emefiele’s number as ‘Margo’ on my phone and she has several numbers but I can only remember her foreign number. (She gave the number to the court).

“The phone numbers are saved on my mobile device, IPhone 11 which are for my contact, both personal and official.”

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In answer to a question by Ojo, Mrs Ogbonnaya reiterated that Emefiele’s name and his wife’s did not appear as shareholders or signatories to the corporate accounts of the companies.

She said: “I did not come across any document in the account opening package that Mrs. Emefiele is a direct beneficial owner of the corporate accounts of the companies.

“There is a regulatory requirement on the collection of information on beneficial owners of a corporate account. There is a Know Your Customer (KYC) platform through which banks collect information on the beneficial owner of an account.”

Asked for the content of the KYC form, the witness said she was not involved at the initial opening of the account.

“When the former relationship officer left, I continued the relationship based on what the previous relationship officer has been managing them with, Mrs. Ogbonnaya said.

She said the KYC was part of the documents before the court adding that Financing Risk Assessment form formed part of the KYC and went ahead to identify the documents.

Asked to explain what “Trust Account” means in banking, the witness said it could be account held in trust for a particular individual, like for a parent holding account in trust for a child.

On the procedures for running corporate account, she described it as people or entities that came together and have CAC (Corporate Affairs Commission) documents backing the corporate account.

Mrs. Ogbonnaya said that Come Support Services had account with the bank, but noted that Mrs. Augustina who signed for withdrawals from the account was the same person who signeds for other companies to which money was moved.

She told the court that her bank followed guidelines as regards deposit and withdrawal of funds in the running of the business of banking.

Ojo’s request for the WhatsApp chats between the witness and Mrs. Emefiele to ascertain discussion and instructions between them was opposed by the prosecution.

Oyedepo insisted that the defence read from the phone of the witness.

The trial judge ordered the prosecution to print the chat and present same at next adjourned date.

Justice Oshodi adjourned further trial till October 28.

Mr Michael Agboro, a  prosecution seventh witness alleged that the suspended governor of the Central Bank of Nigeria (CBN). Godwin Emefiele awarded contracts to companies belonging to his wife and a his broher-in-law.

Emefiele is standing trial on an alleged 20-count amended charge, preferred against him by the Economic and financial Crimes Commission (EFCC) before a FCT High Court in Maitama, Abuja.

He was alleged to have engaged in criminal breach of trust, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence, when he served as the apex bank’s boss.

The EFCC alledged that the former CBN boss forged a document titled: Re: Presidential Directive on Foreign Election Observer Missions dated Jan. 26, 2023 with Ref No. SGF.43/L.01/201 and purported same to have emanated from the office of the Secretary to the Government of the Federation (AGF).

Besides he is also accused of using his office as CBN governor to confer unfair and corrupt advantage on two companies; ”April 1616 Nigeria Ltd and Architekon Nigeria Ltd”.

Agboro, an investigator with the Independent, Corrupt Practices and other related offences Commission (ICPC) who testified earlier was cross-examined further by Emefiele’s counsel, Mathew Burkaa, SAN.

When asked if the defendant conferred unfair and corrupt advantage on himself, he answered :”he  conferred on Saadatu Yaro, who is a Public Officer working under him. He also conferred on his wife and brother-in-law.

When asked if Emefiele alone could award and approv contracts, he answered that the contracts were approved by the defendant.

Answering if there was no difference between CBN and Emefiele, he said :”the difference is that the defendant was an employee of CBN.

When asked if the defendant was a member of the tender’s board or procurement department, he said he did not know.

”We limited our investigation to him, his wife, relatives and associates.

”Our findings revealed that the defendant was not a director or shareholder or an account signatory in either April1616 limited or Architekon Nigeria limited.

He also admitted that there was no evidence of any payment made to Emefiele by these companies in the course of performing his duties at the CBN.

Also when asked if in the course of their investigation they interviewed people in the CBN to determine whether the two firms executed the jobs they were contracted to do, the witness said “yes”.

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However, when asked if the team in their final report stated this fact, the witness said he could not recall if they did.

Agboro being led in evidence by the EFCC counsel, Mr Rotimi Oyedepo, SAN on Marrch 11 tendered several documents including company registration documents and award as well as payments for contract relating to the two forms.

He added that documents his team, comprising of persons drawn from the ICPC, Economic and Financial Crimes Commission (EFCC) Code of Conduct Bureau (CCB) and the Department of State Service (DSS), showed that while a Director of ”April 1616”, Yaro, is a Public Officer, with the CBN, Emefiele’s wife, Margaret Omoyile and his brother-in-law, Mac Congo were directors in Architekon.

Justice Hamza Muazu adjourned the matter untilTuesda, for re-examination of the witness.

(NAN)