Justice Hamza Muazu of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Thursday, warned the prosecution in the ongoing trial of the immediate past governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on alleged procurement fraud to always do what is right.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Emefiele is standing trial before the court on an amended 20-count charge bordering on criminal breach of trust, forgery, abuse of office, conspiracy to obtain by false pretence and obtaining money by false pretence while serving as CBN governor.
He is being prosecuted by the Economic and Financial Crimes Commission (EFCC), on behalf of the Federal Government in the case marked FCT/HC/CR/577/2023.
The embattled Emefiele was, among others, alleged to have knowingly obtained by false pretence the sum of $6,230,000 purportedly meant for international election observers for the 2023 general election.
The former CBN governor, however, pleaded not guilty to the charge preferred against him.
Justice Muazu handed the warning at today’s resumed hearing in the case following an objection raised by counsel for the defendant, Matthew Burkaa SAN, to the application for adjournment made by the prosecuting counsel Rotimi Oyedepo SAN.
After leasing the 12th prosecution witness, David Jaiyeola, an investigator with the EFCC, in his evidence-in-chief, Oyedepo sought an adjournment to enable him to properly certify a document he wanted to tender through the witness at the Code of Conduct Bureau (CCB).
Oyedepo, who doubles as the Director, Public Prosecution of the Federation (DPPF), also told the court that he had a meeting to attend today.
Responding to this, Burkaa informed the court that the defence team and the defendant all came from Lagos for the case. He added that the document the prosecutor wanted to further certify was first certified on September 21, 2024.
According to him, the same document had been in the possession of the prosecution for almost two years now and never deemed it fit to do the necessary thing with it since then.
The lead counsel for Emefiele then urged the court to close the evidence of the PW12 and allow the defence to cross-examine the witness.
Justice Muazu, however, said he would grant the adjournment sought by the prosecution but warned that the right be must always be done by the prosecution, which had early sought and be granted an accelerated hearing in the case.
He, therefore, adjourned to March 16 and 17 for continuation of hearing.
Earlier in the day’s proceedings, the PW12 had told the court that EFCC investigating team had recovered cash of $2,045,000 and property documents from a lawyer to Emefiele, Mr Collins Omeke.
He listed the property document recovered from the lawyer to include, 17B Odumosu Street, Lekki Phase 1, Lekki, Lagos; a plot of land measuring 1,919.5square metres at Oyinka Abayomi Street, Ikoyi, Lagos; an industrial complex under construction in Agbor, Delta State; eight uncompleted detached apartments on Adekunke Lawal Road, Ikoyi.
According to him, others were a detached duplex on Bank Road, Lagos and a four-bedroom duplex at 12A Probyn Road, Ikoyi, Lagos.
Jaiyeola further told the court that Omeke told the investigator that cash found in his possession were given to him by Emefiele through his personal assistant, Mr Eric Ocheme.
“He (Omeke) was asked how he came about the cash and he said it belonged to the defendant (Emefiele) who sent it to him (Omeke) through Mr Eric, who was the PA to the defendant.
“He also said he had other cash sums in addition to the one found with him but he had used some of them for the development of the properties,” the PW12 told the court.
The witness told the court that after a forfeiture proceeding was filed in court in Lagos, the defendant came to court to show cause why the properties should not be forfeited to the Federal Government.
He informed the court that Emefiele subsequently made statements to EFCC. The statements were tendered by the prosecutor and we’re admitted as exhibit in the case.
The witness added that EFCC received the statement of account of Archtekon Nigeria Limited from Zenith Bank in the course of investigation.
Reading from the statement of account earlier tendered by the prosecution, Jaiyeola informed that on March 5, 2020 there was a cash inflow of N52,983,526.25 from CBN.
According to him, “We found over N350million received from CBN. This was further confirmed by Mr MacCombo Omeile, an in-law of the defendant, as a proceed of contracts from CBN.”
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