An Abuja High Court on Tuesday reserved ruling in a no-case–submission filed by a former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, charged with alleged procurement fraud.
Justice Hamza Muazu reserved ruling after parties adopted their written addresses in the no-case to answer filed by Emefiele.
Emefiele’s counsel, Matthew Burkaa, SAN urged the court to admit his application because the prosecution had not proven the ingredients of the offences his client was charged with.
He argued that the entirety of the EFCC’s case from count one to 14 was that Emefiele conferred unfair advantage on his close associates, including his wife, and in-law, but failed to prove.
“None of the witnesses presented by the anti-graft agency said my client benefitted or manipulated the tenders board committee so that those two companies get the contract.
“No such evidence was identified,” he stated.
“The only thing the prosecution was able to show was that the man at the head of the establishment issued approvals.
“There is nothing to show that he manipulated the committee. There is nothing to show that he told the committee (Tenders Board Committee of the CBN) what to do.
“The evidence showed that April 1616 and Architekon carried out the work that the CBN gave him the contract to do. So, the corruption would have been, they collected money, and they did not do the work.”
Burkaa submitted that Boss Mustapha had testified that his signature and that of the late President Muhammadu Buhari were forged.
He noted that Emefiele also said during EFCC’s interrogation that his signature was also forged.
Responding, Rotimi Oyedepo, SAN, the prosecution counsel, said he would set the records straight to prove why a no-case-submission was not necessary.
He argued that Emefiele was a public officer and he used his position to confer unfair advantage on Archetekon company, were his wife and brother in-law were listed as directors.
He said the contracts in count one to 14 did not go through the TBC in spite of a criteria that a contract of above the threshold of N10 million had to be scrutinised by the board.
“The committee was circumvented into reviewing the contract. This is the testimony of Pw 3.
“April 1616 was guided to quote the in-house price depriving other Nigerian contractors a fair chance.
“That is not an honest mistake, that is an unfair advantage in the process,” he said.
He submitted that the public should be bothered about the 6.3 million dollars withdrawn from the CBN under Emefiele’s leadership, because it was a breach of trust.
He urged the court to compel Emefiele to enter his defence because the prosecution had adduced enough evidence to warrant him answer some questions.
After listening to their submission, Justice Muazu reserved ruling to a date that will be communicated to parties.
Emefiele is charged with criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money to the tune of $6,230,000 by false pretence while he served as CBN governor.
Emefiele was further accused of conferring corrupt advantage on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
He, however, pleaded not guilty to the charge.
Source: NAN
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