The Economic and Financial Crimes Commission, EFCC, charged him amended 20 counts of criminal conspiracy, conferring undue advantage, breach of trust among others.

However, he pleaded not guilty to the charge when it was read to him.

Following his plea, and the prayer of his counsel, Matthew Burkaa, SAN, for him to remain on his existing bail condition, Justice Hamza Muazu granted it.

Justice Muazu then adjourned until February 12 for commencement of trial since the prosecution did not object to the prayer.

In some of the amended charges EFCC, alleged that Emefiele, in January 2023, forged a document titled: “Re: Presidential Directive on Foreign Election Observer Missions,” dated January 26, 2023 with Ref No. SGF.43/L.01/201.

The EFCC alleged that Emefiele made the claim knowing same to be false.

According to the amended charge marked CR/577/2023, Emefiele, on February 8, 2023, connived with one Odoh Ocheme, who is now on the run, to obtain $6.2 million from the CBN, claiming that it was requested by the SGF “vide a letter dated Jan. 26 2023 with Ref No. SGF.43/L.01/201.”

The anti-graft agency alleged that “the contract for the renovation of the CBN Governor’s lodge, located at  No. 2 Glover Road, Ikoyi, Lagos, was awarded to a company named Messrs. Architekon Nigeria Ltd, wherein the duo are directors and majority shareholders.”

The offences, according to the EFCC, contravened the provisions of sections 17, 19 of the corrupt practices and other related offences Act, 2000, also, sections 315, 363 and 364 of the penal code.

The anti-graft agency had in August, first charged Emefiele and one Mrs Sa’adatu Yaro and a company, April 1616 Investment Ltd, purported to belong to Mrs Yaro, on alleged breach of the procurement Act in respect of the purchase of some vehicles.

However, the arraignment could not go on because of the reported ill-health of  Yaro.

EFCC’s lawyer, Mr Rotimi Oyedepo, SAN, on November 28 drew the attention of the court to an amended charge dated November 8, 2023.

In that charge, Emefiele was the sole defendant and the charges reduced from 20 to six, to which Emefiele pleaded not guilty.

Justice Muazu on November 22, 2023, granted him bail in the sum of N300 million.

Muazu in addition, ordered for two sureties in the like sum of the N300 million who must have property in Maitama District of Abuja.

The sureties who must in addition present the title documents and certificates of occupancy (C of O) to the court for verification.

The judge further added that Emefiele should submit to the Registrar of the Court his travelling documents and must be within Abuja within the period of his trial.

The judge, however, granted him leave yesterday to travel outside FCT not abroad.

Earlier, his counsel Barkka, objected to the reading of the charge, according to him ‘the charge was franked’ against the provisions of 221of the administration of criminal justice Act. 2015.(ACJA).

Counsel for the prosecution, Oyedepo, responded by citing, section 396 (ACJA) said the defendant should be allowed to take his plea first before an objection.

The judge, however, reserved ruling on that, which he said would be according to section 396 of ACJA.

He added that the objection from the defendant could be taken any time.

Source: NAN

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The judge fixed the date after listening to arguments canvassed for and against the suit by parties.

He equally reserved ruling in the preliminary objections filed by all the four respondents in the suit, marked FCT/HC/CV/040/2023

The embattled Emefiele had dragged the federal government, the Attorney-General of the Federation, AGF, Executive Chairman, Economic and Financial Crimes Commission, EFCC, and the commission before the court to enforce his fundamental rights to life, personal liberty, fair hearing and freedom of movement.

Emefiele 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 was unlawful.

He said the respondents in defiance of several valid subsisting court orders for his release amounted 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.

He, therefore, among others sought an injunction restraining the respondents from further arresting and or further detaining him up on his release by the court without proffering a criminal charge against him.

He also sought damages of N1 billion in his favour for the violation of his fundamental rights.

Earlier, counsel for Emefiele, Mathew Burkaa, SAN, told the court that the applicant was detained for 151 days contrary to the law stipulating 48 hours.

He therefore urged the court to enter judgment and award damages in his client’s favour.

Burkaa submitted that the assertion of the first and second respondents challenging the authority of the deponent to Emefiele’s affidavit in support of the originating summons showed more.

He claimed that the deponent, Dr Okanta Emefiele, never had any meeting with the applicant to make the deposition show that the federal government held him incommunicado.

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According to him, that was enough basis for the court to enter judgment in Emefiele’s favour, submitting that every Nigerian deserved the court’s protection.

He further argued that Emefiele’s rights had been violated and the he was apprehensive of being further arrested going by the activities of the respondents.

The applicant’s further harassment by agents of the respondents, Burkaa submitted, might eventually affect Emefiele’s life.

Responding, counsel for the first and second respondents, Oyin Koleosho, SAN urged the court to dismiss the suit for lacking in merit.

He submitted that the government’s opposition to the suit was based on the authority and the source of information of the deponent to the affidavit in support of the originating summons.

He said that Emefiele was transferred to the custody of EFCC on October 26, while the application was filed on October 31.

He added that between that period there was no contact or communication between Emefiele and the deponent.

He further submitted that in Emefiele’s further and better affidavit, there was nowhere reference was made to the time, date and venue where the applicant and the deponent met.

He submitted that that rendered the deposition incompetent.

Counsel for the third and fourth respondents, Farouk Abdullah, prayed the court to dismiss the suit for being misconceived and brought in bad fate.

He informed the court that Emefiele was brought to EFCC custody on October 26 and the commission obtained a remand order on October 27 to remand the applicant for 14 days.

He said while he would not trivialise the activities of the federal government, there were different ministries, departments and agencies with different mandates.

According to him, Emefiele in his originating summons made certain allegations in which he alleged some infractions were made by the Department of State Service, DSS.

He added that the DSS ought to have been brought into the suit.

Earlier, counsels for the respondents had argued their respective preliminary objection against the suit brought before the court by the Emefiele.

Source: NAN

The post Court to deliver judgment in Emefiele’s fundamental rights Jan 8 appeared first on Frontpageng.

Justice Hamza Muazu gave the order and adjourned until November 22 when Emefiele’s bail application will be heard.

Emefiele was arraigned on a-six count before justice Muazu.

During the arraignment, Emefiele’s lawyer, Mathew Burkaa, SAN, moved the application for bail but the counsel to the federal government, Rotimi Oyedepo, opposed it, giving reasons for his position.

Justice Hamza Muazu said in view of the different authorities cited by the two lawyers on the issue, a bench ruling could not be delivered.

He said he needed time to study the authorities and examine the exhibits supplied by Emefiele to support his request for bail.

He therefore ordered that the former CBN governor be remanded at Kuje correctional centre pending when the bail application would be determined.

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Recall that Justice Olukayode Adeniyi of a Federal Capital Territory, FCT, High Court, had ordered the Economic and Financial Crimes Commission, EFCC, to either release embattled Emefiele or produce him in court on November 6.

Justice Adeniyi gave the order after hearing an ex parte motion, marked M/122/2023 in a Motion on Notice with the number, FCT/HC/CV/040/2023, filed by Emefiele.

He was first detained from June, when he was removed as CBN Governor by the Department of State Service, DSS, and later transferred to EFCC.

Emefiele, through his legal team, joined the federal government, Attorney-General of the Federation, AGF, EFCC chairman and the anti-corruption commission as respondents.

In his ruling, the judge ordered the anti-graft agency to either release the plaintiff/applicant unconditionally or in the alternative produce him before the court when the Motion on Notice would be heard for the purpose of being admitted to bail.

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