Tag: Emefiele

A Federal High Court sitting in Lagos has ordered an interim forfeiture of the sums of $4,719,054, N830,875,611, and several properties linked to the embattled former governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele.

Justice Yellim Bogoro made the order on Thursday, May 23, 2024, following an ex-parte application by Economic and Financial Crimes Commission (EFCC) counsel Bilkisu Buhari and C.C Chineye.

Justice Bogoro held: “I have listened to the submission of the applicant’s counsel and also perused the motion just moved, together with the affidavit in support.

“I find merit in the application and same is hereby granted as prayed.

“The applicant should publish this order in any daily newspaper circulating all over the federation for anybody interested to show cause why the final order of forfeiture should not be made.

“This case is adjourned to July 2 for motion for final forfeiture.”

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The monies forfeited to the federal government in the interim were said to be warehoused in First Bank; Titan Bank and Zenith Bank, being operated by Omoile Anita Joy; Deep Blue Energy Service Limited; Exactquote Bureau De Change Ltd; Lipam Investment Services Limited; Tatler Services Limited; Rosajul Global Resources Ltd and TIL Communication Nigeria Ltd.

Emefiele’s properties forfeited to the federal government include 94 units of 11-floor building under construction at 2, Otunba Elegushi 2nd Avenue (formerly Club Road), Ikoyi, Lagos; AM Plaza, 11-floor office space, situated on 1E, Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1, Esa Street, Imoore Land purchased with Deep Bive Industrial Town, Oriade LCDA, Amuwo Odofin LGA, Lagos; Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro Lagos, Owolomi Village, Ibeju-Lekki LGA, Lagos and two properties purchased from Chevron Nigeria, Closed PFA Fund, Block B. Lot twin completed property in Lakes Estate, Lekki, Lagos.

Others include One plot measuring 1,038.069 sqm, at Lekki Foreshore Estate Scheme, Block A, Plot 4, Foreshore Estate, Eti-Osa LGA; Estate located at 100, Cottonwood Coppel Texas Drive, Coppel, Texas, Owned by Lipam investment Services; a Land at 1, Bunmi Owulude Street, (Maruwa), Lekki Phase 1, Lagos and a Property Situate on 8, Bayo Kuku Road, lkoyi, Lagos.

The EFCC had approached the court for an interim forfeiture of the monies and properties under Section 17 of the Advance Fee Fraud and Other Fraud Related Offence Act. 14 2006, Section 44(2)(b) of the Constitution and under the inherent jurisdiction of the court.

Specifically, the anti-graft agency asked the court for the following: “An Interim Order forfeiting to the Federal Government of Nigeria the funds warehoused in the accounts particularised in Schedule ‘A’ which funds are reasonably suspected to be proceeds of unlawful activities.

“An Interim order forfeiting to the Federal Government of Nigeria Properties provided in 2nd Schedule ‘B’ which are proceeds of unlawful activities.

“An Order directing the publication in any National Newspaper, the interim order under reliefs 1-2 above, for anyone interested in the properties and funds sought to be forfeited to appear before this Honourable Court to show cause within 14 days why the final order of forfeiture of the said properties and funds should not be made in favour of the Federal Government of Nigeria.”

The former CBN governor is currently facing series of trials in courts both in Abuja and Lagos over alleged fraud, among other charges.

The Federal High Court in Lagos on Friday, April 12, 2024, heard that Emefiele allegedly received millions of dollars in cash, in undocumented circumstances, through a proxy, Mr. Monday Osazuwa.

Emefiele and Omoile were arraigned by the Lagos Zonal Command of the EFCC on Monday, April 8, 2024, on an amended 26-count charge bordering on alleged $4.5bn and N2.8bn fraud.

He is being tried by the EFCC at the Special Offences Court in Ikeja over alleged abuse of office and accepting gratification to the tune of $4.5 billion and N2.8 billion.

He was arraigned on April 8, 2024, alongside his co-defendant, Henry Isioma-Omoile, on a 26-count charge bordering on abuse of office, accepting gratifications, corrupt demand, receiving property, and fraudulently obtaining and conferring corrupt advantage.

A Federal High Court sitting at Ikoyi, Lagos has ordered an interim forfeiture of the sums of $4,719,054 million USD, N830,875,611 million, and several properties linked to the embattled former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Justice Yellim Bogoro made the order on Thursday, May 23, 2024 following an ex-parte argued by the Economic and Financial Crimes Commission (EFCC) counsel, Bilkisu Buhari and C.C Chineye.

“I find merit in the application and same hereby granted as prayed.

“The applicant should publish this order in any daily newspapers circulating all over the federation for anybody who is interested to show cause why the final order final order of forfeiture should not be made,” Justice Bogoro held.

The monies forfeited to the Federal Government in the interim, were said to be warehoused in some banks operated by Omoile Anita Joy; Deep Blue Energy Service Limited; Exactquote Bureau De Change Ltd; Lipam Investment Services Limited; Tatler Services Limited; Rosajul Global Resources Ltd and TIL Communication Nigeria Ltd.

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Emefiele’s properties forfeited to the federal government include; 94 Units of 11 Storey building under Construction at 2, Otunba Elegushi 2nd Avenue (Formerly Club) Road, iKoyi, Lagos; AM Plaza, 11 Story Office Space, Situate on 1E,Otunba Adedoyin Crescent, Lekki Peninsula Scheme 1, Lagos; Imore Industrial Park 1, Esa Street, Imoore Land purchased with (Deep Bive Industrial Town, Oriade LCDA, Amuwo Odofin LGA, Lagos; Mitrewood and Tatler Warehouse (Furniture Plant at Bogije) near Elemoro Lagos, Owolomi Village, ibeju-Lekki LGA, Lagos and 2 properties purchased from Chevron Nigeria, Closed PFA Fund, Block B.Lot.Twin Completed property Lakes Estate. Lekki, Lagos.

Others include; One plot measuring 1,038.069 sqm, at Lekki Foreshore Estate Scheme, Block A, Plot 4, Foreshore Estate, Eti-Osa, LGA; Estate located at 100, Cottonwood Coppel Texas Drive, Coppel, Texas, Owned by Lipam investment Services; a Land at 1, Bunmi Owulude Street, (Maruwa), Lekki Phase 1, Lagos and a Property Situate on 8, Bayo Kuku Road, lkoyi Lagos.

The EFCC had approached the court for an interim forfeiture of the monies and properties, pursuant to Section 17 of the Advance Fee Fraud and other Fraud Related Offence Act. 14 2006, Section 44(2)(b) of the Constitution and under the inherent jurisdiction of the court.

Specifically, the anti-graft asked the court for the followings; “an Interim Order forfeiting to the Federal Government of Nigeria the funds warehoused in the accounts particularized in Schedule ‘A’ which funds are reasonably suspected to be proceeds of unlawful activities.

“An Interim order forfeiting to the Federal Government of Nigeria Properties provided in 2nd Schedule ‘B’ which are proceeds of unlawful activities.

“An Order directing the publication In any National Newspaper, the interim order under reliefs 1-2 above, for anyone who Is interested in the properties and funds sought to be forfeited to appear before this Honourable Court to show cause within 14 days why the final order of forfeiture of the sald properties and funds should not be made in favour of the Federal Government of Nigeria.”

In granting the ex-parte motion Justice Bogoro after he had taken submission of the EFCC’s counsel held; “I have listened to the submission of the applicant’s counsel and also perused the motion just moved, together with the affidavit in support.”

The case was adjourned to July 2, 2024 for motion for final forfeiture.

• Ex-CBN governor gets N300m bail

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

Emefiele was arraigned on a four-count charge the Economic and Financial Crimes Commission (EFCC) filed against him.

In the charge, the former CBN governor is, among others, accused of approving the printing of new naira notes between October 2022 and March 2023 without recourse to due process.

He was also accused of approving the withdrawal 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.

When the charge was read yesterday to Emefiele, who is listed as the sole defendant, he pleaded not guilty.

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Following his plea of not guilty, prosecuting lawyer Rotimi Oyedepo (SAN) sought a date for the commencement of trial, while the defence lawyer Mahmud Magaji (SAN) moved the application for bail filed for the defendant.

Magaji prayed the court to either grant his client bail on self-recognisance or to adopt the term of the bail earlier granted Emefiele by another judge of the court, Justice Hamza Muazu, before whom the former CBN governor is standing trial on another charge.

Oyedepo, who did not oppose the bail application, urged the court to admit the defendant to bail on the conditions that would ensure he would not run from trial.

The prosecuting lawyer said from the conduct of the defendant so far, he did not appear as someone who would not make himself available for trial.

Ruling, Justice Maryanne Anenih granted Emefiele bail at N300 million with two sureties in like sums each.

The judge said the sureties, who are to submit their recent passports, must each have titled property within Maitama valued at the bail sum.

She ordered the defendant to deposit his travel documents with the court and ensure he does not travel outside the country without the permission of the court.

Justice Anenih adopted the conditions attached to the bail earlier granted Emefiele by Justice Muazu.

The judge said it would suffice if Emefiele was able to produce certified true copies (CTCs) of the documents he submitted to fulfill the bail earlier granted by Justice Muazu.

She adjourned till May 28 for the commencement of trial.

A High Court of the Federal Capital Territory (FCT) sitting in Maitama on Wednesday, May 15, granted bail at N300 million to the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Emefiele was arraigned before the court on a four-count charge filed by the Economic and Financial Crimes Commission (EFCC).

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 was 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.

On Wednesday, when the charge was read to Emefiele, who is listed as the sole defendant, he pleaded not guilty.

Following his plea of not guilty, prosecuting lawyer, Rotimi Oyedepo (SAN) sought a date for the commencement of trial.

Defence lawyer, Mahmud Magaji (SAN) moved the bail application filed for the defendant.

Magaji prayed the court to either grant his client bail on self-recognizance or to adopt the term of the bail earlier granted Emefiele by another judge of the court, Justice Hamza Muazu, before whom the ex-Governor of CBN is standing trial on another charge

Oyedepo, who did not oppose the bail application, urged the court to admit the defendant to bail on conditions that would ensure he did not run from trial.

The prosecuting lawyer said from the conduct of the defendant so far, he did not appear as someone who will not make himself available for trial.

Ruling, Justice Maryanne Anenih granted Emefiele bail at N300 million with two sureties in like sums each.

Justice Anenih said the sureties, who are to submit their recent passports, must each have titled property within Maitama, valued at the bail sum.

She ordered the defendant to deposit his travel documents with the court and should not travel outside the country without the permission of the court.

The judge adopted the conditions attached to the bail earlier granted to Emefiele by Justice Muazu.

Justice Anenih said it would suffice if Emefiele was able to produce certified true copies (CTCs) of the documents he submitted in fulfillment of the bail earlier granted by Justice Muazu.

She adjourned till May 28 for the commencement of trial.

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.

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Count two:

Statement of offence –  Public Servant disobeying 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.

*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 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:

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.

*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.

An Ikeja Special Offences Court has adjourned the trial of the embattled former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to May 9 over filing of additional proof of evidence served by the prosecution.

Emefiele’s was charged alongside Henry Omoile over allegation of $4.5 billion and N2.8 billion fraud brought against them by the Economic and Financial Crimes Commission (EFCC).

Justice Rahman Oshodi yesterday adjourned the trial of the defendants after taking arguments from the defendants’ counsel over additional proof of evidence of over 60 pages served on them in the morning by the prosecution.

At the resumed proceeding, the prosecution team led by Rotimi Oyedepo (SAN) told the court that the second prosecution witness was in court for the continuation of cross-examination and that he had served defence the statement of one Mr John Adetola, as an additional proof of evidence.

But the first defendant’s counsel, Olalekan Ojo (SAN) opposed continuation of trial stating that Emefiele and co-defendant have not seen the documents served on them by the prosecution, stressing that “justice rushed is justice crushed.”

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Ojo who said he was constrained to ask the court to do justice, pointed out that the additional proof of evidence ought to have been served on the defence early enough.

“The law is so pedestrian that the cross examination of witness is not limited or confined to documents of witness alone. In the spirit of fair play, Emefiele is entitled to have a look at the bulky documents of over 60 pages served on us this morning.

“If it was filed yesterday, we could have burnt candle to go through it. The defendant has not seen it. Defence may find anything useful in the additional proof of evidence of over 60 pages to cross-examine the witness in the box.

“I humbly urge the court to adjourn this matter so that I can thoroughly go through it and study it.”

The second defence counsel, Mr Adeyinka Kotoye (SAN), in his submission, aligned himself with the first defence counsel.

Kotoye argued that it was only in this part of the world that prosecution would be conducting investigation while case was already on-going in court.

He urged the court to adjourn the case in the interest of justice and to enable them have adequate opportunity to study the additional proof of evidence.

Kotoye said the additional proof of evidence served on them by the prosecution yesterday morning was an ambush.

He urged the court not to entertain ‘trial by ambush’ and put a stop to it.

“I also apply to your Lordship to mandate the prosecution to supply us all relevant materials. In the spirit of fairness, I urge your Lordship to adjourn the case,” Kotoye said.

But the prosecution counsel, Oyedepo, vehemently objected to the request for an adjournment by the defendants.

Oyedepo argued that the two senior advocate defence counsels, whom he held in high esteem, were unfair in their submissions and for describing his team and its activities as “prosecutorial unfairness.”

He told court that one Adetola, listed as the 5th prosecution witness in the proof of evidence, was contained in volume two of what was served on defence on April 4.

He said: “In preparation for his testimony that will be coming up, not today, not even on May 9,  the prosecution, rather than wait for defence to formally place a demand on us on what is in the device, diligence prosecution made me make the device  available to defence.

“My lord, how does that amount to prosecutorial unfairness?

“I plead with defence not to delay this case unnecessarily as we have a witness in the box who had given evidence and he is being cross-examined by the first defence counsel.

“If defence is angry that I served them the proof of evidence today, we can withdraw it and serve same at a later day.”

The prosecution told the court that the society is interested and watching the proceeding of the case.

“The society is interested. They are watching us that will this matter be adjourned based on the evidence of another man who is not the witness in the box?

“We are not rushing or crushing justice, rather, we are aiding the oil of justice to rise steadily.

“Expeditious determination of cases is of utmost importance and so we urge your lordship to allow the cross-examination.” Oyedepo said.

In his ruling, Justice Oshodi, said he had considered the submissions of both the parties and he was satisfied with the reasons given by defence for adjournment.

“I have considered the conflicting submissions regarding whether I should adjourn for further continuation of trial.

“I am satisfied with the reasons given by defence.

“For the adjournment sought, I grant it. I adjourn to May 9, 2024 for continuation of trial.”

The Economic and financial Crimes Commission (EFCC) will on May 15 arraign former Central Bank of Nigeria (CBN) Governor Godwin Emefiele in a Federal Capital Territory court on a three-count amended charge.

In the fresh charge filed against him, the EFCC alleged that Emefiele disobeyed the direction of law with intent to cause injury to the public during his implementation of the naira swap policy of the administration of former President Muhammadu Buhari.

The anti-graft agency also accused Emefiele of unlawfully approving the withdrawal of N124.8 billion from the Consolidated Revenue Fund of the Federation.

According to the News Agency of Nigeria (NAN), the arraignment was earlier slated before Justice Maryan Anenih.

However, all the parties were not present in court when the matter, with case number: CR/264/2024 was called.

The court said that the prosecution sent a letter seeking for adjournment because Emefiele was standing trial in another court in Lagos.

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The judge therefore adjourned until May 15 for the arraignment.

Emefiele is also standing trial before Justice Hamza Muazu of the FCT High Court on an alleged 20-count amended charge, preferred against him by the anti-graft agency.

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

on January 8, Justice Olukayode Adeniyi of the FCT High Court awarded N100 million damages in favour of the then suspended CBN boss against the Federal Government and the EFCC.

Justice Adeniyi further restrained the federal government and its agents from arresting Emefiele unless an order was obtained through a competent court.

The judge held that the respondents need not incarcerate the applicant in other to carry out investigation for a long period as against the provisions of the law.

“No material placed before the court to show that the release of the applicant will in any way interfere with the investigation of allegations preferred against him,” the Judge held.

Emefiele had dragged the Federal Government, Attorney-General of the Federation (AGF), the EFCC and its chairman before the court to enforce his fundamental rights to life, personal liberty, fair hearing and freedom of movement.

He sought a declaration of the court that his continued detention by the agency of the first and second respondents since June 10, 2023 and subsequent transfer to the custody of the third and fourth respondents on October 26, 2023 without being arraigned in court is unlawful.

He said the respondents in deviance of several valid subsisting court orders for his release amounts to a grave violation of his fundamental rights to life, personal liberty, as guaranteed by the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.