Former Governor of the Central Bank of Nigeria, CBN, Godwin Emefiele, on Tuesday asked a Federal Capital Territory, FCT, High Court to foreclose his prosecution for alleged procurement fraud following the absence of the prosecution in court.
Emefiele is being prosecuted before Justice Hamza Muazu, sitting at Maitama, Abuja, by the Office of the Attorney-General of the Federation, AGF, in the case marked CR/577/2023.
The 20-count charge border on criminal breach of trust, conferring corrupt advantage, forgery, conspiracy to obtain by false pretence and obtaining money by false pretence while he was CBN governor.
Among other accusations, he was alleged to have to have used his position as CBN governor to award six different contracts for the supply of vehicles to April 1616 in which one Sa’adatu Ramalan Yaro, a member of staff of CBN, is a director and shareholder, between 2018 and 2022 – to the tune of N1.2 billion.
However, during his arraignment, Emefiele had pleaded not guilty to the charge.
At the resumed hearing of the case on Tuesday, Emefiele, through his counsel, Mathew Burkaa SAN, urged the court to foreclose the trial due to failure of the prosecution – Economic and Financial Crimes Commission – to be represented in court, having known of the date since June 27 before the court went on its annual vacation.
Burkaa told the court that the matter was slated for continuation of hearing but the prosecuting counsel, Rotimi Oyedepo, SAN, was neither in court nor represented by another lawyer.
He added that he was informed by the registrar of the court through a WhatsApp message that there was a letter of adjournment before the court.
The senior advocate told the court that the application he was shown was sent by the EFCC, which did file the matter.
According to him, the charge before the court was brought by the Office of Attorney-General of Federation, AGF, and wondered why EFCC applied for adjournment of the matter.
While opposing the application for adjournment, Emefiele’s lawyer wondered while any of the lawyers involved alongside the prosecutor could not be in court for the matter to go on, despite the fact that the prosecution asked for an accelerated hearing of the case.
He further told the court that Emefiele and his lawyers were coming from Lagos to attend the trial.
Burkaa, therefore, urged the court to foreclose the prosecution as there was no application from the Office of the Attorney-General of the Federation for adjournment.
After listening to the counsel for the former CBN chief, Justice Muazu said the court would give the prosecution one last opportunity, adding that the court would do the needful should the prosecution fail to appear in court at the next adjourned date.
He, therefore, adjourned the case to October 22 for continuation of trial.
Alleged contract fraud: Emefiele asks court to stop throw out case as EFCC’s absence stalls trial