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The Economic and Financial Crimes Commission (EFCC) has urged the Federal Capital Territory High Court in Abuja to dismiss former Central Bank of Nigeria (CBN) Governor Godwin Emefiele’s no-case submission in his ongoing trial over an alleged $6.23m fraud and other offences.
The prosecution, led by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN, told Justice Hamza Mu’azu on Tuesday that the evidence presented had established a prima facie case requiring Emefiele to enter his defence.
Emefiele is facing an amended 20-count charge bordering on alleged criminal breach of trust, forgery, abuse of office, conspiracy, obtaining money by false pretence and the conferment of corrupt advantage in the award of CBN contracts.
Oyedepo argued that a no-case submission was intended to determine whether the prosecution had presented sufficient evidence to require a defendant to answer the charges, rather than determine guilt or assess the credibility of witnesses.
He maintained that asking Emefiele to enter his defence would not amount to requiring him to prove his innocence but would give him an opportunity to respond to the evidence presented against him.
On the contract-related charges, the prosecution identified the alleged offences as involving Emefiele’s position as a public officer, the use of that position and the conferment of corrupt advantage on associates or relations.
Oyedepo told the court that exhibits bearing Emefiele’s approval signatures, alongside corporate records, linked him to companies allegedly associated with his wife and brother-in-law, including Architekon Nigeria Limited.
He also challenged the defence’s position that the prosecution had failed to establish evidence of undue advantage in relation to a company allegedly associated with Sa’adatu Ramalan Yaro, an associate of the former CBN governor.
The prosecution further alleged that contracts valued between $6m and $10m were awarded without being subjected to review by the CBN’s Major Contracts Tender Board, which Oyedepo said was established under the Public Procurement Act, 2007, and chaired by a CBN deputy governor.
According to him, contracts exceeding $1m were required to undergo the Board’s review before recommendations were forwarded to the CBN governor for approval.
He said the Board was also responsible for checking whether CBN staff members were directors of companies seeking contracts from the bank.
Oyedepo argued that bypassing the Board prevented the necessary checks and scrutiny, suggesting that the procurement process had been deliberately circumvented.
Citing the testimony of the 10th prosecution witness, a former procurement department staff member, the prosecution said at least three companies submitted bids for each contract, but officials were allegedly instructed to process the bids in favour of companies linked to Emefiele’s associates.
The prosecution further alleged that the favoured company was given information about the CBN’s internal prices and subsequently submitted bids quoting the exact amounts, denying other prospective bidders a fair opportunity.
“The ingredient of the offence is the unfairness of the process,” Oyedepo told the court.
He argued that the defence could not defeat the prosecution’s case merely by claiming that the contracts had been executed or that the money involved had not been traced directly to Emefiele, insisting that the alleged unfairness in the award process was central to the charges.
The prosecution also told the court that a company allegedly linked to Emefiele’s associates had operated for years without securing contracts of the kind under consideration until he became CBN governor, after which it allegedly received all 45 contracts being examined.
The court is expected to determine whether the evidence presented by the prosecution is sufficient to require Emefiele to enter his defence. The allegations have yet to be established by a final judgment.
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