The eleventh prosecution witness in the ongoing trial of the immediate past Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, before the High Court of the Federal Capital Territory (FCT) over alleged procurement fraud, on Thursday told the court that he took personal responsibility for $2.5 million out of the $6.23 million fraudulently withdrawn from the apex bank.
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Emefiele is standing trial before Justice Hamza Muazu, sitting in Maitama, Abuja, 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 charges preferred against him.
At the resumed hearing in the case on Thursday, the PW11, Bashirudeen Maishanu, a Deputy Director with the CBN Banking Supervision Department, while being cross-examined by Emefiele’s counsel, Matthew Burkaa, SAN, told the court that the disappearance or loss of the money rests on him.
He said he had admitted this before the special investigator appointed by President Bola Tinubu to probe activities at the CBN under the defendant, Jim Obaze.
According to him, he was responsible for the loss because he inadvertently involved himself in the withdrawal of the $6.23 million, adding that Emefiele’s personal assistant, Eric Ocheme, was nowhere to be found.
He told the court that he did not know the withdrawal was fraudulent until he was confronted with documents by Obaze showing that the signatures of former President Muhammadu Buhari and the then Secretary to the Government of the Federation (SGF), Boss Mustapha, were forged.
“The disappearance of the $6.23 million rests on me. When I met Obaze and he showed me documents, I told him I would accept personal responsibility for a number of reasons.
“First, I was inadvertently involved. Second, Mr Eric (Emefiele’s PA) is nowhere to be found. I have tried several times to reach him, including through friends very close to him. I did not know it was a fraud,” he told the court.
Maishanu said he neither met Emefiele nor gave him any money in relation to the $6.23 million transaction, adding: “I did not even receive any instructions from him. All the instructions I received were from Eric Ocheme.”
He further told the court that he did not see Emefiele’s approval before the money was withdrawn until he met with the special investigator.
According to the witness, his involvement in the withdrawal was because he believed the payment was genuine, noting that “the CBN has rigorous processes for payments.”
Although he said he became suspicious when he, his friend, and another person were given $2.5 million from the funds, he told the court that he never officially reported the “gift” to the apex bank.
He added that despite this, he is not standing trial in any court over the transaction, but has been suspended by the CBN, although he was invited for a promotion interview last year.
Maishanu informed the court that he had refunded a large portion of the $2.5 million given to him and others to the government through the special investigator, stating: “I have given more than what I took because of my acceptance of responsibility for the withdrawal.”
Earlier, while being led in evidence-in-chief by the prosecuting counsel, Rotimi Oyedepo, SAN, the witness narrated how, sometime in early January 2023, Emefiele’s personal assistant, Eric Ocheme, sent one Ahmed to meet him over a transaction being processed at the CBN on the authority of the President.
“About a week later, he (Ahmed) met me again and told me they had obtained the President’s approval, which I demanded to see. He showed me the document and said they would now proceed to the CBN to obtain the defendant’s (Emefiele’s) approval.
“He said they wanted a cash payment and that I should either go with them or recommend someone to accompany them. I told him I could not go and suggested someone I knew, which he agreed to. He then said that once the governor’s approval was obtained, my friend and he could proceed to collect the cash,” he said.
The PW11 told the court that he was later informed by Ahmed that Emefiele’s approval had been obtained, and that on February 8, 2023, Ahmed and his (the witness’s) friend went to the Garki, Abuja branch of the CBN to withdraw the $6.23 million.
He further said Ahmed later gave him, his friend, and another person $2.5 million from the money, adding that he described the amount as outrageous.
“It was outrageous because we never negotiated any payment. I thought it was a set-up,” he said.
He told the court that out of the $2.5 million given to them, they deposited $1.9 million with a developer, explaining that he instructed the others not to touch the money.
While stating that he was sanctioned by the CBN over the transaction, Maishanu told the court that the $6.23 million was never used for the purpose for which it was allegedly meant.
Justice Muazu subsequently adjourned further hearing in the case to Friday, January 30.
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