A former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, has urged an Abuja High Court to foreclose the prosecution in his ongoing trial if the EFCC fails to produce its witnesses on Tuesday.
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Mr Emefiele’s counsel, Matthew Burkaa, SAN, made the application for the foreclosure of the prosecution after the prosecution counsel, Rotimi Oyedepo, SAN, told the court that he was not sure of bringing his two witnesses on Tuesday.
Mr Oyedepo informed the court that the prosecution was yet to obtain the subpoena from the court and that the witnesses live outside the court’s jurisdiction.
Mr Emefiele is charged with 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.
The EFCC alleged that Emefiele obtained by false pretence the sum of $6.3 billion purportedly meant for international election observers for the 2023 general election.
He, however, pleaded not guilty to the charges preferred against him.
At the resumed hearing on Monday, Chinedu Eneanya, Assistant Commander II in the EFCC, was called to testify as the 13th prosecution witness (PW13).
Mr Emefiele’s counsel frowned at bringing another investigative officer (IPO), stating that the witness was going to testify on the same issues others had already addressed.
He also drew the attention of the court to what the prosecution earlier said about bringing its last witness.
“We understand their strategy. It seems that they are ridiculing the court. All the same, we are ready to go on,” he said.
When the court asked the prosecution how many more witnesses it intended to call, counsel said two more: Jim Obessa and CP Eloho Okpozikbo.
The court then directed the prosecution to bring all its witnesses between Monday and Tuesday.
In his evidence-in-chief, the witness, Chinedu Eneanya, told the court that his team was assigned to investigate the matter.
“The investigation revealed that the money was removed from the coffers of the CBN for a purported funding of foreign observers for the 2023 election,” he said.
He told the court that those connected with the movement of the funds were interviewed.
The witness said documents were recovered from the CBN relating to the release of the money.
Mr Eneanya further stated that investigations revealed that the signatures of the then President, late Muhammadu Buhari, and the then Secretary to the Government of the Federation (SGF), Boss Mustapha, were forged to facilitate the release of the funds.
He said a forensic examination was carried out on the signatures.
During cross-examination by Burkaa, counsel to Emefiele, the witness said forensic examination was not carried out on Emefiele’s signature, although he (Emefiele) alleged his signature was forged.
He said five officers of the CBN signed the internal memo, but none of them is standing trial, although they were suspended by the CBN.
The witness told the court that he was not the officer who took Emefiele’s statements.
Mr Burkaa complained to the court about the attitude of the witness.
“It shows he is not a witness who tells the truth, and his entire testimony should be taken with a pinch of salt,” he said.
“If the witnesses do not come tomorrow, we apply that they should be foreclosed. Justice is for both the prosecution and the defendant.
“This is an antic by the prosecution to put maximum hardship on the defendant. Please let it be on record that the prosecution has severally brought about this scenario,” he said.
Responding, Oyedepo told the court that he was not there to obstruct the case.
Mr Oyedepo prayed the court to refuse the application and not shut the doors against the prosecution.
“It is another way they desire to shut the prosecution from giving evidence,” he said.
Justice Hamza Muazu advised the parties to reserve their arguments until their final addresses and directed Oyedepo to approach the court registrar for the signing of the subpoena.
Justice Muazu then adjourned the case until Tuesday for continuation of trial. (NAN)
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