EMEFIELE DOES NOT AWARD CONTRACTS WITHOUT COLLECTING BRIBES – WITNESS TELLS COURT
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The second prosecution witness, John Ayoh, a former Central Bank of Nigeria Director of Information Technology, testified before the Lagos High Court in Ikeja that Godwin Emefiele, a former governor of the top bank, never awards contracts without accepting bribes.
This was said by Ayoh during her Monday testimony before Justice Rahman Oshodi in the former Central Bank Governor’s trial, which is now underway due to accusations of abuse of power and taking payments totaling $4.5 billion and N2.8 billion.
Ayoh said, “That is how he operates, he will not award contracts without collecting anything”.
The witness described how he obtained certain funds on behalf of the previous governor of the Central Bank of Nigeria (CBN) while testifying before the Economic and Financial Crimes Commission (EFCC) counsel, Rotimi Oyedepo, Senior Advocate of Nigeria.
He claimed that the first sum of money he obtained was $400,000, which John Adetola, Emefiele’s aide, brought to his Lekki home.
Ayoh further stated in court that the additional $200,000 he obtained for Emefiele came from a CBN contractor who delivered it to the bank’s Tinubu Lagos Island office.
According to him, the money was in an envelope. When the person who was supposed to deliver it, Victor, arrived at the bank, he (Ayoh) called the governor, Emefiele, who instructed him to pick up the money from the vendor since he did not want to see any outsiders.
Ayoh claimed that after retrieving the gift, he proceeded inside the office to deliver it and noticed that a number of bank CEOs, including the late Hebert Wigwe, were waiting to see the governor outside.
Under cross-examination from Senior Advocate of Nigeria Olalekan Ojo, who was representing the former CBN Governor, the witness acknowledged that he had unintentionally assisted in the commission of a crime but denied ever having been a party to any crime. “I think I did admit that I was forced to commit the crime in my statement,” he stated.
“ I don’t know the exact word I used in my statement, but I said we were all forced with tremendous pressure to bend the rules.”
The witness also admitted that he did not write in his statement to the EFCC, that the monies were given to influence the award of contracts but added “that this is how he (Emefiele) operates. He will not award contracts without collecting anything”.
The former CBN governor had contested the court’s jurisdiction to try him prior to the witness testifying.
Emefiele said that because this raises questions about legality and constitutionality, he cannot be tried for suspected acts of abuse of office in any state’s high court in Nigeria.
The former governor of the Central Bank of Nigeria further stated that counts 1–4 of the 26 charges brought against him by the EFCC are illegal because they are not covered by any Nigerian legislation.
His attorney requested that the court issue an order striking the accusation against him.
In his application brought pursuant to Sections 36(12), 251 AND 270 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED and Sections 11, 58 AND 60 OF THE ADMINISTRATION OF CRIMINAL JUSTICE LAW OF LAGOS STATE, Emefiele had also submitted that the CBN is an agency of the Federal Government of Nigeria and the Federal High Court has the jurisdiction to the exclusion of other Courts in matters concerning alleged abuse of office by a public officer in a Federal Government agency.
He also stated that none of the elements of the offences he is alleged to have committed occurred or took place in Lagos State having regard to the materials in the Proof of Evidence.
Citing Sections 374 of the Administration of Criminal Justice Act, and Section 396 (2) of the Administration of Criminal Justice Law as well as decided authorities from the appellate courts to buttress his points, Ojo urged the judge to resolve the objection on whether the court has the jurisdiction to try the case.
On his part, the second defendant’s counsel, Senior Advocate of Nigeria, Kazeem Gbadamosi, relied on the submissions of Ojo.
In his response, counsel to the EFCC, Oyedepo objected to the submissions of Emefiele’s counsel.
Citing decided cases of the Supreme Court, he asked trial judge, Justice Rahman Oshodi, not to defer or prevent the trial of the case on the basis of objections challenging the particulars of the counts of the information.
He said, “That approach is intended to take us back to where we are coming from as these were the basis for Section 1 of the Administration of Criminal Justice Act, ACJA and the purpose for which Administration of Criminal Justice Law, ACJL was intended. The intention of our collective resolution as a nation was to prevent undue delay in our criminal cases.
“I urge my lord to refuse this invitation, trial has commenced, this application to prevent the trial today is unlawful, illegal and unconstitutional and I urge the court not to depart from the decision of the apex court as to do so would amount to judicial rascality.
In his Ruling, Justice Oshodi, elected to defer his decision on jurisdiction till the end of trial and when he delivers judgment.
The judge also directed EFCC to serve the defence team with the extra judicial statements of witness no 6, one John Ogah and that of another investigation officer.
The court also ruled that the totality of the EFCC’s case against Emefiele would be heard in open court, following the withdrawal of an application by the prosecution requesting a closed-session for some of its witnesses, owing to safety concerns.
Further proceedings in the matter has been adjourned till May 3, 2024, when the court will continue with the trial.
The EFCC had on April 8 arraigned Emefiele alongside his co-defendant Henry Isioma-Omoile over alleged abuse of office and allocation of $4.5bn, N2.8bn.
The defendants are being prosecuted on a 26 count charge bordering on alleged abuse of office, accepting gratifications, corrupt demand, receiving property, fraudulently obtaining and conferring corrupt advantage, preferred against them by EFCC.
They both pleaded not guilty to the charge.
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