*Admits CBN Protocol Was Breached
A prosecution witness of the Economic and Financial Crimes Commission, EFCC, CP Okpoziakpo Eloho, has told the High Court of the Federal Capital Territory, Abuja, that investigators did not find evidence that former Governor of the Central Bank of Nigeria, Godwin Emefiele, benefited from the alleged $6.2 million fraud.
Eloho, who appeared as the 14th prosecution witness in the ongoing trial, made the admission on Thursday during cross-examination by Emefiele’s counsel, Mathew Burkaa, SAN.
The EFCC is prosecuting Emefiele on charges bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence while he served as CBN governor.
The anti-graft agency also accused the former apex bank governor of conferring corrupt advantages on two companies, April 1616 Nigeria Ltd and Architekon Nigeria Ltd.
Emefiele has pleaded not guilty to the charges.
At the resumed hearing before Justice Hamza Muazu, Eloho, who led the police investigation into the former CBN governor, told the court that Emefiele denied approving or authorising the release of the money to anyone.
The witness also said Emefiele denied receiving any letter from the then Secretary to the Government of the Federation, Boss Mustapha, or acting on any such letter in relation to the alleged release of the funds.
According to the witness, Emefiele made his statement to investigators at the Kuje Correctional Centre on December 13, 2023.
“I recall that on December 13, 2023, we were at Kuje Correctional Centre where the defendant made his statement in relation to his office on the said money,” Eloho said.
He said the former CBN governor was confronted with issues relating to the alleged approval and release of the $6.2 million but denied signing any approval or authorising the release of the money.
“The defendant also denied receiving any letter from the SGF. He also stated that the signature on the documents that related to the approval and release of the money was not his,” the witness told the court.
Under cross-examination, Eloho admitted that one Jibril Abubakar appeared before the investigation panel and stated that he collected the $6.2 million from the Abuja branch of the CBN.
The witness also confirmed that none of the persons interviewed or investigated in connection with the money told investigators that Emefiele benefited from the transaction in any way.
Eloho further testified that although Abubakar claimed to be a staff member in the Office of the Secretary to the Government of the Federation, investigation later revealed that he was never an employee of that office.
He also told the court that despite Abubakar’s admission that he collected the money from the apex bank, he was not aware whether Abubakar had been charged before any court.
The witness further stated that one Bashirudeen Maishanu, a staff member of the CBN, was also interrogated and allegedly confessed to stealing the money.
Eloho, however, said he was not aware whether Maishanu had been tried in any court of law.
When shown a series of exhibits, particularly correspondence exchanged during the processing, approval and release of the funds, the witness admitted that CBN protocol was breached.
He said that under normal circumstances and in line with the hierarchy of management at the apex bank, correspondence from the CBN governor ought to go to the deputy governor and from there downwards.
Answering questions on the statement made by former SGF Boss Mustapha to investigators, the witness said the Special Investigator, Jim Obaze, took Mustapha’s statement and that he was present when the former SGF claimed that his signature was forged.
On the forensic examination carried out by the EFCC on Mustapha’s signature to verify the alleged forgery, Eloho said it would have been desirable for investigators to carry out a similar forensic examination on Emefiele’s signature.
“It would have been desirable to carry out a similar forensic examination on Emefiele’s signature the way it was done to Boss Mustapha,” the witness said.
During re-examination, prosecution counsel, Rotimi Oyedepo, SAN, attempted to refer the witness to certain exhibits, but Burkaa objected on the ground that the exhibits were not part of the documents relating to the $6.2 million allegation.
Burkaa argued that Section 215(3) of the Evidence Act prohibited the line of questioning, insisting that the witness was testifying specifically on the alleged $6.2 million fraud and not the entire charge.
“The question is not relevant and cannot be permitted in re-examination,” he submitted.
In a short ruling, Justice Muazu held that there was no ambiguity in the document the witness had spoken to.
The judge said he would not allow the witness to continue his investigation in open court.
Justice Muazu subsequently adjourned the matter until Friday for continuation of proceedings.
The testimony forms part of the ongoing trial of Emefiele over allegations arising from his tenure as CBN governor.
While the prosecution alleges that the funds were fraudulently released from the apex bank, the latest testimony indicates that investigators did not receive any statement from those interviewed linking Emefiele personally to the benefit of the money.
The former CBN governor, however, remains on trial, and the court is yet to determine the allegations against him.
The post “Emefiele Did Not Benefit From $6.2m” — EFCC Witness Tells Court In Ex-CBN Governor’s Trial appeared first on TheNigeriaLawyer.
